What may happen for multiple failed intoxalock test?: I was camping for four days, I pretty much bathed myself in bug spray multiple times per day. I have NEVER blown a bad sample in the fifteen months I have had the device. The lady on the phone with me at intoxalock told me to keep trying. Which I did. The samples somehow went from .066 to .078 both within five mins of each other. All I had to drink was water. Third attempt was .064 half an hour later. Multiple dips in the lake and two hours later it was .036. Thankfully I was able to get home later and two more showers. I am freaking out beyond belief. I do not attend treatment, only had to do one class. I have bench probation. The DOL said that I will probably have to reapply for my interlock license. Which I am able to reapply and pay $100 for the interlock license. But as far as the court side of a dui, is there repercussions I may have? Like I said, I have NEVER failed a breath test. The gentleman at the DOL told me the most crucial time frame of blowing clean samples is the last six months before removal. I would greatly appreciate any input and what I may want to prepare to expect. Thank you.
Sean’s answer:
If you are prohibited from possessing/consuming alcohol, the State may use these failed tests to show that you did consume alcohol.
As stated by DOL, your last 6 months with them has to be fully compliant, otherwise they will extend the interlock period.
Can I get a failure to transfer title charge dismissed if I get it taken care of right away before my court date ? No record: Got pulled over for headlight and got a traffic ticket for failure to transfer title. I have. A court date set in front of judge.
Sean’s answer: It's possible. However, this is highly dependent on the prosecutor's office. As this is a criminal offense, you should definitely consult with an attorney prior to entering any disposition on the case.
Will I go to jail if I plead not guilty for a DWLS 3rd degree in Auburn, Washington? : I'm going to court next week for a DWLS in the 3rd degree. I don't have a lawyer but I've been told that it would be best to plead not guilty. If I plead not guilty, is there a chance I would go directly to jail afterwards? Or would I get to go home after court? This is my first offense.
Sean’s answer: It is extremely unlikely that the court would hold you on any sort of bail for the DWLS 3rd Degree which is essentially the only way you would be help pre-trial/pre-adjudication. If you plead guilty, you will face a potential maximum sentence of 90 days and a $1,000 fine (potential minimum of 0 days and fines/costs depending on financial circumstances). Many courts have some method of getting the criminal charge to a non-criminal charge if you can get a valid license, so it is probably wise to consult with an attorney who is familiar with the practices of the prosecutor/court.