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

Asked 5 months ago - 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. Reid M. Hart

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    Answered . 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... more
  2. Robert Jason De Groot

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    Answered . 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... more
  3. Michael Adam Haber

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    Answered . 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.... more
  4. James W Chandler

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    Answered . 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. Alberto Marino Quirantes Jr.

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    Answered . 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... more
  6. Julia E. Simmons

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

  7. Matthew Brian Podolsky

    Contributor Level 11

    Answered . 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.... more

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