I will be up for the 4 month interlock early removal next month but there are a couple things that have me worried. There was a false positive FAIL (my roomate was using my car, blew exactly a .025 then 1 minute later blew a .002 according to the logs. The other was a missed rolling retest where the device did not appear to beep or signal for a retest. Once it said rolling retest missed I immediately stopped the car and restarted it and blew again (pass) to provide evidence that I had not actually missed it or been trying something. What are my chances for an early removal or at an early removal hearing?
DUI / DWI Attorney
The missed rolling retest isn't a big deal but the failed BAC is. You better have your roommate come testify at the hearing if you want any chance of early removal. Even then, when you signed your interlock affidavit and agreement you acknowledged that you are responsible for all attempts into the device.
A lot will depend in the credibility of your story and your roommates testimony and who your hearing officer is and what kind of mood they are in the date of the hearing.
The Orr Law Firm, L.L.C Is Colorado's Premier DUI and Criminal Traffic Defense Law Firm. Rhidian Orr is the senior partner and owner of the firm and focuses his practice exclusively to DUI and criminal traffic matters in the state of Colorado. His decision to answer your questions does not constitute an attorney/client relationship.
Mr. Orr is right. Your roommate will need to testify that they caused the fail. They will also need to be aware that they will be under oath and if the explanation is that they had been drinking and tried to start the car there could be charges filed. This is very unlikely but they may want to consult an attorney before they go to the hearing so nothing is said that could result in charges.
I agree with Mr. Orr and feel that it would be in your best interests to hire Mr. Orr to represent you. He is definitely the BEST attorney in the state on any DMV issues and all of us highly respect him for his knowledge and excellence in the field.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.