Constant Issues with Monitech Quick Test Unit in NC

[jdouglas55]

What is the name of your state (only U.S. law)? NC

So, I have a breathalyzer in my car due to a second dui, I was battling it in court for damn near 4 years (gotta love the speedyness of NC court systems). I say this only because I have totally changed my life since then, enrolled in a full time masters program in an allied health field and getting great grades and evaluations. Everything would be awesome if it weren't for this HORRIBLE unit.

It was put in back in September. Within one week, I got a random fail when I had not been drinking. Over the next two months I regularly had at least 3 invalid samples upon starting the car and during road tests. I had it checked out and they agreed that there was an issue with one of the sensors in it and replaced it. I thought OK, no biggie, stuff happens.

New unit and the invalid samples have calmed down, I think GREAT, I get the occasional one when it is cold, but I was told that is to be expected. Fast forward to a morning in January when making my 30 min commute to school, I have an uneventful pass start test, then 10 mins in get a fail, blinking lights sirene and must pull over. Blow again and its pass, but apparently the machine registered a .10!!! I was drinking nothing (alcoholic or otherwise) and thoroughly rinsed after brushing my teeth (else I would have failed the start test right?). Took the unit in to be checked again, was told the unit was fine and it must have been a mouth or air containment, which couldn't be anything unless it registered the cigarette I smoked a few mins earlier, but the website CLEARLY says "you can smoke, it will not affect your readings."

So, the dmv set up a preliminary hearing for me in May about whether to take my license or not. I feel like I should be fine but all they have is my word against the machines. And just when I was starting to relax about it bc I talked to a few people who said I should be fine, within the last two weeks I have gotten 2 random warnings. The other day the warning was on my way home from school (again a perfect start test, then first test is a warn) and again today. However it was a bit different today, when I went to start up the car the unit did a 5 second warm up (it has never done that seemed odd) said, sorry cannot test at this time recall code: 0000 please call customer support. Went off, came back on and worked fine.

I have an appt to get it checked out again tomorrow, but I'm used to this. They will hook it up to a machine that blows in it, and if it registers 0 they will say there are no issues with it. There is CLEARLY something wrong, and I'm in a screwed position because I have to go to court because of it and it just looks like I've been slipping drinks while driving or something. I mean honestly, when I KNOW my commute to school is 30 mins, why in the WORLD would I have a drink on the way, I mean I know there are some people out there that are major alcoholics, but that would make ZERO sense for me to do. But, all these little bs quirks are mounting up and painting a horrible picture of me...

Oh and every time the unit screws up I have to pay 35 bux to be told its fine and I did something wrong, EVEN when they agreed the unit head needed to be replaced.

Will the person I talk to at the hearing know that these things have issues? Or is it just gonna be a stern person who trusts monitech and their equipment and thinks I'm BSing? I feel kinda screwed and not sure what the heck to do!

 

[TigerD]

You need an experienced DUI attorney.

TD

 

[quincy]

I agree with Tiger D that you need an experienced DUI attorney to assist you.

There are not any recalls on or widely-reported problems with the Monitech units that I could find, although your attorney will research this in greater depth. Faulty sensors and false positives may be more common than my brief research disclosed.

Make sure you have the unit's testing history and results available for your attorney.

 

[dave33]

What is the name of your state (only U.S. law)? NC

So, I have a breathalyzer in my car due to a second dui, I was battling it in court for damn near 4 years (gotta love the speedyness of NC court systems). I say this only because I have totally changed my life since then, enrolled in a full time masters program in an allied health field and getting great grades and evaluations. Everything would be awesome if it weren't for this HORRIBLE unit.

It was put in back in September. Within one week, I got a random fail when I had not been drinking. Over the next two months I regularly had at least 3 invalid samples upon starting the car and during road tests. I had it checked out and they agreed that there was an issue with one of the sensors in it and replaced it. I thought OK, no biggie, stuff happens.

New unit and the invalid samples have calmed down, I think GREAT, I get the occasional one when it is cold, but I was told that is to be expected. Fast forward to a morning in January when making my 30 min commute to school, I have an uneventful pass start test, then 10 mins in get a fail, blinking lights sirene and must pull over. Blow again and its pass, but apparently the machine registered a .10!!! I was drinking nothing (alcoholic or otherwise) and thoroughly rinsed after brushing my teeth (else I would have failed the start test right?). Took the unit in to be checked again, was told the unit was fine and it must have been a mouth or air containment, which couldn't be anything unless it registered the cigarette I smoked a few mins earlier, but the website CLEARLY says "you can smoke, it will not affect your readings."

So, the dmv set up a preliminary hearing for me in May about whether to take my license or not. I feel like I should be fine but all they have is my word against the machines. And just when I was starting to relax about it bc I talked to a few people who said I should be fine, within the last two weeks I have gotten 2 random warnings. The other day the warning was on my way home from school (again a perfect start test, then first test is a warn) and again today. However it was a bit different today, when I went to start up the car the unit did a 5 second warm up (it has never done that seemed odd) said, sorry cannot test at this time recall code: 0000 please call customer support. Went off, came back on and worked fine.

I have an appt to get it checked out again tomorrow, but I'm used to this. They will hook it up to a machine that blows in it, and if it registers 0 they will say there are no issues with it. There is CLEARLY something wrong, and I'm in a screwed position because I have to go to court because of it and it just looks like I've been slipping drinks while driving or something. I mean honestly, when I KNOW my commute to school is 30 mins, why in the WORLD would I have a drink on the way, I mean I know there are some people out there that are major alcoholics, but that would make ZERO sense for me to do. But, all these little bs quirks are mounting up and painting a horrible picture of me...

Oh and every time the unit screws up I have to pay 35 bux to be told its fine and I did something wrong, EVEN when they agreed the unit head needed to be replaced.

Will the person I talk to at the hearing know that these things have issues? Or is it just gonna be a stern person who trusts monitech and their equipment and thinks I'm BSing? I feel kinda screwed and not sure what the heck to do!

Talk to your primary care doctor and explain the situation. Respectfully request that a standing drug/alcohol or just an alcohol screen be written for whatever lab is nearest to you. In the event of another false positive, go to the lab and give an alcohol screen. At least that way you will have documentation to support your allegation of a faulty machine.
I believe that the monitoring places frequently have issues and realize there are several problems with the current system. This will never be advertised or admitted to so cover your butt. goodluck.

 

[GuyInNC]

I have a Smart Start installed on my NC car (that interestingly I don't drive except to/from the monitoring location). I did a fair amount of research on this stuff when this happened. I would suggest that you need an attorney who really knows the 'back end' of this process. I had very competent representation at my trial, but my attorney really didn't have much experience with what happens after the trial. So I ended up engaging with a different attorney who does have this experience, simply to be sure that I really understood how this plays out in my specific case (which was unusual).

Whoever you find should know the name of the person presiding over these issues in your area and his/her 'judgment history' in cases like this as they are common. He should know his/her spouse and children's names (I am only half kidding here), etc. In NC the trial judge has very little discretion in sentencing beyond the ability to go above the state mandated minimums. At this point the judge has almost complete discretion, and these judges will vary WIDELY district to district. Whatever attorney that you pick should know what kind of evidence is going to be required in your case with this particular judge. The second attorney that I used had this knowledge (which I don't expect to need beyond getting the info I required). The first attorney did not.

Good luck.

BTW, Smart Start sells a 'companion stand alone test device' with the same sensor as the interlock device (and I bought one of those to be sure that I understood what does and does not cause a false reading). You might consider the purchase of such a thing (even to the point of self-videoing yourself failing a interlock test and passing a stand alone device test).

 

[HighwayMan]

Whoever you find should know the name of the person presiding over these issues in your area...

Uh, you mean the judge?

 

[GuyInNC]

Uh, you mean the judge?

Uh, no I did NOT mean the judge. I got the impression from the consultation that I had with attorney #2 that this was being handled inside the DMV and it was not at all clear that this was a 'judge' in the typical use of the word. But I didn't ask because I didn't care.

 

[quincy]

GuyInNC, jdouglas55 has a Monitech unit installed in his car, not a Smart Start like you have, and this makes a difference. The Smart Start ignition interlock systems DO have a history of false positives. Monitech units do not have this same history (at least I found nothing to show they do).

The DMV hearing will be held before an administrative law judge who handles license revocation proceedings. These hearings are not the same as judicial hearings. It was at the judicial hearing where jdouglas55 was found guilty of DUI for a second time.

An experienced attorney is recommended for both judicial proceedings on DUIs and for DMV administrative hearings but the attorney for an administrative license revocation hearing, in addition to knowing the DUI laws and defenses, should also have special knowledge on ignition interlock devices. The attorney jdouglas55 will want is one who knows about the Monitech interlock systems and their particular idiosyncrasies (e.g., faulty sensors, false positives), this in order to argue on jdouglas55's behalf against a license revocation.