What happens if you fail an interlock device test 2 times but you have not been drinking?

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What happens if you fail an interlock device test 2 times but you have not been drinking?

I blew a “fail” 2 times in a row on my ignition interlock device. I dont have any alcohol in my system at all. What is going to happen now? Nervous!

Asked on October 17, 2010 under Criminal Law, Nebraska

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should speak with local counsel on the matter.  Your claim - that the interlock device is detecting alcohol in your system when you claim that there is none - may be a challenge to the validity of the device.  But these devices are taken VERY seriously.  Have you had to have the device reset?  That may come next.  When the device is reset the information will be gathered and sent so you need to have someone on your side that can make some sense out of what you are claiming.  Maybe the calibration of the device is off and causing it to register something that is not present.  You should have some clout on your side to check it out.  Good luck.


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