What happens when you fail an interlock while you are driving?

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What happens when you fail an interlock while you are driving?

I have the ignition interlock in my car and this morning on my way to work, I guess I still had alcohol in my system. I blew the first time and got a warning but you can still drive on a warning. Then 5 minutes down the road I blew again and I failed it. I pulled over immediately but I want to know what happens with probation when this happens and I am in the diversion program.

Asked on May 31, 2011 under Criminal Law, Florida

Answers:

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

Answered 10 years ago | Contributor

That depends on how your state handles the matter.  In some states the DMV is the only entity that is notified regarding interlock issues. You may have problems with the DMV and subsequently have your interlock restriction extended due to positive BAC's but your PO for the diversion program may not necessarily be notified.  If, however, he or she is notified, a failed start on you interlock is most likely considered a technical violation and the PO should have some discretion on which technical violations to be reported as violations. It is my understanding that in some jurisdictions in Florida a person is not formally violated until the third interlock failure. But a failure generally means that there is evidence of alcohol consumption which is also a violation. Speak with your lawyer. 


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