Ask Me Help Desk - Failed breath test on interlock- not drinking!

My husband received his first dui last May 2007. He completed everything that was given to him. The judge was very harsh!

My question he had a failed interlock test- he was not drinking- this was 3 in the afternoon. Normally he doesn't eat before he goes to work - this day he did- he was rushed and used my mouth wash instead of his plus he ate food that contained yeast.

We reside in ohio- butler county- we called the interlock company and the lady we deal with said not to worry because he finally got a pass. But then he was freaked out so he didn't drive into work. He thought something was wrong with the device.

Now the interlock company wants us to re do everything in their office. If he doesn't get the exact readings he will send it in as a fail. What does this mean?

Will he go to jail? What can he be charged ? We are both stressed out! We called our lawyer to see if he should even do this but, no word. Are we stressing out too much or not enough?

Please help!

Look on your mouthwash, does it contain alcohol?

Yes- I know this is part of the problem. The interlock people say it looks like a night after reading.

Quote:

Originally Posted by madamr01

My husband received his first dui last May 2007. He completed everything that was given to him. The judge was very harsh!

My question he had a failed interlock test- he was not drinking- this was 3 in the afternoon. Normally he doesn't eat before he goes to work - this day he did- he was rushed and used my mouth wash instead of his plus he ate food that contained yeast.

We reside in ohio- butler county- we called the interlock company and the lady we deal with said not to worry because he finally got a pass. But then he was freaked out so he didn't drive into work. He thought something was wrong with the device.

Now the interlock company wants us to re do everything in their office. If he doesn't get the exact readings he will send it in as a fail. What does this mean?

Will he go to jail? What can he be charged ? We are both stressed out! We called our lawyer to see if he should even do this but, no word. Are we stressing out too much or not enough?

He failed the test and so, yes, they can call him and retest him. I don't see the total problem because he wasn't actually driving; on the other hand you can be charged if you are merely in the driver's seat without the key even in the ignition.

Didn't the booklet with the device contain the info on what you can and cannot eat/drink without getting a false reading?

This would be a lengthy, harsh punishment in NYS but perhaps not in Ohio. Was personal injury involved or were children endangered?

Your Attorney will know the situation and the laws and have very definitive advice for you. Good luck.

His result was below the limit. He was told about eating and drinking. He was not impaired and was not drinking. He usually never eats before work. This was an odd day and he was rushed. We are still waiting for our lawyer. The more I THOUGHT ABOUT IT- WHAT COULD HE BE CHARGED WITH- he wasn't over the limit even if they say it was alcohol and not food. But, he wasn't drinking and that is what stinks!

Quote:

Originally Posted by madamr01

His result was below the limit. He was told about eating and drinking. He was not impaired and was not drinking. He usually never eats before work. This was an odd day and he was rushed. We are still waiting for our lawyer. The more I THOUGHT ABOUT IT- WHAT COULD HE BE CHARGED WITH- he wasn't over the limit even if they say it was alcohol and not food. But, he wasn't drinking and that is what stinks!

If he's been ordered not to drink and drive (and that's the purpose of the interlock) he could be charged with drinking and driving and probably violating the terms of his sentence.

Someone else posted about the interlock system and apparently there is no room to maneuver if you violate.

Your Attorney knows the situation and your local laws and is the person to answer your questions.

Again - this seems rather harsh for a first time violator. Were there extenuating circumstances (an accident, a child in danger) that might change people's advice?

No, he got pulled over for making a wide turn. The officer smelled alcohol. Gave him the test and arrested him. He didn't even put him in jail. The trooper left him in his car! The judge in this area is very harsh! My problem is he blew! We had a prosecutor get pulled over - did not blow and he got a 6 month driving susp but with work and family privelages and 250 fine! He knows the system! My husband blew got 3 years driving suspension- work priv only. 1650 in fines 2 years reporting probation, yellow tags! Had 5 days community service, alcohol classes etc! My husband swears the judge must hate our lawyer. He knows he made a critical error! He has followed his sentence to the letter!

Quote:

Originally Posted by madamr01

No, he got pulled over for making a wide turn. The officer smelled alcohol. Gave him the test and arrested him. He didn't even put him in jail. The trooper left him in his car! The judge in this area is very harsh! My problem is he blew! We had a prosecutor get pulled over - did not blow and he got a 6 month driving susp but with work and family privelages and 250 fine! He knows the system! My husband blew got 3 years driving suspension- work priv only. 1650 in fines 2 years reporting probation, yellow tags! had 5 days community service, alcohol classes etc! My husband swears the judge must hate our lawyer. He knows he made a critical error! He has followed his sentence to the letter!

I know he's your husband and you are defending him but, again, this is very harsh in NYS - I would be curious about the experiences of other people in your State. I don't understand how the prosecutor was sentenced for drinking and driving when there is no test result to prove that he was, in fact, drinking and driving. In NYS if you refuse the test your driving privileges are automatically suspended.

What was your husband's reading?

Despite being pulled over for another reason - a wide turn, which is part of the irresponsible driving that comes with drinking and driving - he was driving intoxicated.