I failed my interlock and was not drinking. I drank coffee smoked a cigarette and brushed my teeth. Went to go to work and fail
2 attorney answers
False positives can happen with interlock devices. I have found that some courts will bring you back to court as soon as there is a failed interlock tests while other courts might have the probation officer talk with you about the failed test and allow that probation officer to determine whether to have you come back to court for the single failed test. If they do, however, you will want to contact an experienced attorney immediately to help you avoid the suspended sentence.
My answers and responses are not legal advice and should not be relied upon for your individual situation. My responses and answers are provided solely for general discussion purposes, not tailored to your specific situation, and are made without sufficient information from you to address your individual situation. My responses and answers here do not create an attorney-client relationship with myself, Sivinski Law Offices, or any of its attorneys unless and until such time that a consultation has occurred and an engagement letter has been agreed to.
This is not an uncommon scenario. Hire a skilled attorney right away. there are ways to make sure the judge does not impose suspended jail time and also a skilled attorney can help you to prove that you weren't drinking.