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    Tami long's Avatar
    Tami long Posts: 2, Reputation: 1
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    #1

    Jun 8, 2013, 04:20 PM
    Probation violation
    My fiancé is on probation for a misdemeanour DUI. He failed several tests on his interlock system, but it was from things he ate, etc. he has never failed for alcohol. What can we expect?
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #2

    Jun 9, 2013, 07:17 AM
    How did he fail for things he ate and how will he be able to prove that he did?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 9, 2013, 07:19 AM
    The system does not know why he failed, only that he did not pass.

    How is he going to prove to PO, or in court he was not drinking
    Tami long's Avatar
    Tami long Posts: 2, Reputation: 1
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    #4

    Jun 9, 2013, 11:00 AM
    Quote Originally Posted by odinn7 View Post
    How did he fail for things he ate and how will he be able to prove that he did?
    Always happened after getting off work when he couldn't have possibly been drinking. Plus his device was found defective and had to be replaced, but they still issued a warrant for his arrest!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jun 9, 2013, 02:25 PM
    So - what did he eat those days? The argument just can't be that he didn't drink, it was from food, without naming the food.

    He also won't be the first person to smuggle alcohol into work OR to have it in his car and have a drink after he left work.

    I see it all the time.
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #6

    Jun 9, 2013, 02:36 PM
    Quote Originally Posted by JudyKayTee View Post
    He also won't be the first person to smuggle alcohol into work OR to have it in his car and have a drink after he left work.
    Back in the day, I used to smuggle it into work also...

    So saying that is not a possibility doesn't work with me. But... it's not me that needs to be convinced he isn't drinking.
    longtr's Avatar
    longtr Posts: 2, Reputation: 1
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    #7

    Jun 9, 2013, 02:58 PM
    Quote Originally Posted by JudyKayTee View Post
    So - what did he eat those days? The argument just can't be that he didn't drink, it was from food, without naming the food.

    He also won't be the first person to smuggle alcohol into work OR to have it in his car and have a drink after he left work.

    I see it all the time.
    A person would have to be a complete idiot to take a swig after getting off work and then blow into it. Besides, he doesn't have a job where he could possibly drink while he is working. He is in sales and is with his direct boss the entire time he is at work. He was told by the interlock people that lots of things can give a false positive i.e. breads (anything with yeast, donuts, kolaches, pizza crust, etc; cologne, toothpastes, gums, mints, anything with high sugar content). What the hell is a person supposed to do, smell like ad starve to death??
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #8

    Jun 9, 2013, 03:06 PM
    Quote Originally Posted by longtr View Post
    A person would have to be a complete idiot to take a swig after getting off work and then blow into it. Besides, he doesn't have a job where he could possibly drink while he is working. He is in sales and is with his direct boss the entire time he is at work. He was told by the interlock people that lots of things can give a false positive i.e. breads (anything with yeast, donuts, kolaches, pizza crust, etc; cologne, toothpastes, gums, mints, anything with high sugar content). What the hell is a person supposed to do, smell like ad starve to death????
    You're taking this out on the wrong people... getting frustrated and upset with us will not solve your problem. If you think our questions and comments are bad, what do you think the court is going to say? They will be asking the same things. You will need some sort of proof, for the court, that he was not drinking.
    longtr's Avatar
    longtr Posts: 2, Reputation: 1
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    #9

    Jun 9, 2013, 03:08 PM
    Quote Originally Posted by odinn7 View Post
    You're taking this out on the wrong people...getting frustrated and upset with us will not solve your problem. If you think our questions and comments are bad, what do you think the court is going to say? They will be asking the same things. You will need some sort of proof, for the court, that he was not drinking.
    Sorry, didn't mean to take it out on you... I appecriate the feedback, it's ust frstrating that his was deemed defective, they replaced it because it was defective, yet they STILL issued a warrant for his arrest and now he has to pay an attorney, he spent a night in jail and we're out bond money!! Just frustrated with the system, that's all
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #10

    Jun 9, 2013, 04:43 PM
    This is the issue, if he fails the interlock system, he is assumed guilty by the PO. So he will be taken to a hearing.

    Next people drink at work all the time, hide a small bottle, take a drink in the bathroom, happens all the time. Boss at work, when I worked for one company, my boss and I used to have 2 or 3 beers with lunch every day Or in sales, I had to take clients to lunch and would provide drinks all the time.

    So at court, it will be up to you to prove, he was not drinking,
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Jun 9, 2013, 05:50 PM
    "A person would have to be a complete idiot to take a swig after getting off work and then blow into it. Besides, he doesn't have a job where he could possibly drink while he is working. He is in sales and is with his direct boss the entire time he is at work. He was told by the interlock people that lots of things can give a false positive i.e. breads (anything with yeast, donuts, kolaches, pizza crust, etc; cologne, toothpastes, gums, mints, anything with high sugar content). What the hell is a person supposed to do, smell like ad starve to death????"

    You didn't take it out on him. You took it out on me.

    I think a person has to be a complete idiot to be arrested for drinking and driving in the first place. Someone just like your husband/boyfriend killed my father.

    You are angry with the wrong person - I'd be pretty unhappy with him.

    I don't know what the hell a person is supposed to do - you tell me.

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