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What steps should I take if I had a few drinks and the next morning I failed a breath test in my interlock device?

Estero, FL |

I woke up the next morning about 8 hours after having a few glasses of wine and my interlock device failed me.

Attorney Answers 7


  1. Best answer

    Those devices are typically set to be very sensitive, so your situation is not at all uncommon. As long as refraining from the use of alcohol was not a condition of any probation (if you are currently under supervision), you will be fine other than having to wait until trying to restart your car. Keep this in mind in the future though, especially if you have somewhere you have to be by a certain time.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.


  2. I am not sure what you are asking. There will be a report of the failed attempt.

    What else can you do except to try to start your car again later?

    First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)


  3. The steps you should take are to try it later, and then not do the same thing again.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.


  4. We'll, first, I would not be drinking at all if you have an ignition interlock device on your vehicle. Hopefully, you're not on DUI probation.

    If it is a malfunction, I would contact the provider who may be able to send a technician to fix.


  5. Don't drive. Drink lots of water and wait to sober up.


  6. Do nothing. You can't drive for now and it logs in a failed attempt. If you have a no alcohol condition of probation, expect a vop notice or warrant. At that point, get a criminal defense lawyer involved. In the meantime, get some help and stop drinking. That's the idea behind all the penalties.

    If this answer helped you, please be so kind as to mark it "helpful" or "best answer". This would be greatly appreciated. Remember, this is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida and there is no attorney client privilege created in this communication. Don't squeal on yourself by making admissions on this public website. Only ask theoretical questions of a general nature for your own protection.


  7. The interlock device captures all of the data and makes it available to law enforcement. These devices are very sensitive so your situation is not uncommon. I would not be too concerned; however, you should be cautious of repeating this type of situation again.

    **This response is not intended to provide legal advice, nor is it intended to be a solicitation for legal advice. NO reader should consider the information contained herein to be an invitation for creation of an attorney-client relationship, and you should not rely on information provided. The information provided is for general information purposes only, this response should NOT be taken as legal advice for any individual case or situation. If you have a legal question, you should seek the advice of a licensed attorney in your state.

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