DUI after Passing My Ignition Interlock

[tobeeblonde]

What is the name of your state (only U.S. law)? CA
My boyfriend who has been convicted of 2 DUI's and has had Ignition Interlock in his car for over a year just received another DUI. He was pulled over for his trunk that has had problems locking completely on the highway and asked if he had been drinking. He said he had a few beers earlier in the day (pulled over in evening) but had stopped and showed the officer he his Ignition Interlock. The officer said that didn't matter he probably had someone blow in it for him. He not only didn't have anyone blow in his machine but had been driving for 45 minutes and explained that you have to blow within ten minutes of the start of your drive and for each consecutive 25 minutes after. The officer still had him blow twice into a device which showed him double the legal limit.
My question is...what does he do now that his car is impounded and does he have a valid case against the Ignition Interlock company. He has yet to tell the company his car is impounded as he does not want the machine tampered with if indeed it is faulty.
Any advice would be greatly appreciated!

 

[FlyingRon]

You have no case against the interlock company. Your drunken sociopath boyfriend is supposed to figure out that he's not to kick back a bunch of beers and get behind the wheel. The interlock is there to provide safety for the public, not as a yardstick for your bf to determine if it's safe for him to drive.
He does know that blowing VIOL on the thing will get him in trouble as well which is a stupid way to use that device? If anybody has a case on the interlock it is the STATE.

Your BF needs to sober up and get a lawyer (probably in reverse order).

 

[justalayman]

so, the interlock somehow passed him when he started the car, and at least twice during his drive and only when the officer had him blow did it show up he was at double the dui threshold.

was there anybody in the car with him?

Oh, and there will be records of the previous blows. IF there wasn't anybody in the car and those previous blows are recorded as below whatever threshold is set, he has a valid claim to a refund of whatever fee he is charged for that day to have the interlock. If nothing else, he can ask for the unit to be checked for accuracy, which is probably being taken care of anyway.

He is still liable for his actions of drinking and driving.

 

[CourtClerk]

Or... how close was he to his destination and was there any alcohol found in the car or on his person?