So I admit I do have one failed test due to not waiting long enough after a beer (but passed the retest in about a minute), but this week, 2 in a row, didn't drink. Unit said I had failed a test, then the retest was 10 seconds later (not kidding, that quick) and I passed them, and any rolling retests after that. Now I'm worried this BS is going to cost me another year on this thing. Would these be constituted as fails and counted against me? Would passing a retest in that short a time (literally 10 seconds) show that its not a real violation. And my last checkup was less than a week ago, and never had an issue until that.

Yes it can, the issue here, by your own admission is that you are still drinking. The system is to prevent you from using your car if you were drinking. It appears you feel you can somehow get past or over on the system when you are drinking.

** waiting one minute should not be enough time to change a breath blow anyway.

One fail by itself is normally ignored if passed on a retest, two fails may be enough to require future use. Which appears to be the need, since you continue to drink