The other day, when I blew into my ignition interlock to start my car, it came up with a "WARN" sign. My car started and I was able to go. I have Smart Start. I never drink, and my DUI was for marijuana. Shortly after, I want to say 5-10 minutes, it asked me to do a rolling test, and it said pass. Should I be worried? Am I going to jail for this obvious malfunction?
I am 19 years old by the way.
You are not going to jail for this. However, MVD may extend your restriction. If MVD sends you a letter be sure to request a hearing immediately. I would also contact your Smart Start provider and ask them to pull the records to see what the issue was.
Aaron M. Black
Criminal & DUI Defense Attorney
Martindale AV® Preeminent™ Lawyer
2012 Southwest SuperLawyer Rising Star
AVVO 10/10 Superb Lawyer
Law Office of Aaron M. Black, PLLC
3219 East Camelback Road #573
Phoenix, AZ 85018
Office #: 480-729-1683
DUI / DWI Attorney
The ignition interlock works on fuel cell technology. It can easily be effected by substances other than ethanol that it thinks is ethanol. The most common culprit is fructose or the sugars in fruits. In addition to Mr. Black's sugestions, I would also recomend immediately turning off the car, rinsing your mouth out thoroughly with water, waiting 5 minutes and restarting the car. The purpose is to create a record in case the interlock company reports you to MVD, you will then be able to show that minutes later you had a .000 BrAc (Breath Alcohol Content).
Craig J. Rosenstein
ROSENSTEIN LAW GROUP, PLLC
8010 E. McDowell Rd. | Suite 111 | Scottsdale, AZ 85257
tel: 480.248.7666 | fax: 480.946.0681
Craig@RosensteinLawGroup.com | www.Scottsdale-DUILawyer.com