Failing car breathalyzer test penalty??

[bframz]

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

My friend recently got a DUI (>.15 BAC) and had to get one of those ignition interlock devices installed in his vehicle. He has not yet been sentenced for his DUI.

The other day, he drank a bunch, but obviously didn't drive anywhere. The next morning, he tried to start his car, but failed the breathalyzer and it read "Violate". He ate something and brushed his teeth and tried again, but failed again. Will he get in trouble for this? Will this effect his sentencing?

[CdwJava]

Apparently the alcohol was still in his system. It purges at a rate of approximately .015 per hour. So, if he tanked up pretty well the night before, it is likely the machine still showed a positive result hours later.

- Carl

[paguy88]

people think they can just drink and drink and drink ... go to bed at 3AM wake up and drive to work or where ever at 730 8, 9 or whatever and have slept the booze off. It does nto work that way... you body does not I should say.

[bframz]

thank you for your replies, but I understand WHY he failed. I just want to know if he'll get in trouble because he was obviously drinking.

[CdwJava]

Originally Posted by bframz

thank you for your replies, but I understand WHY he failed. I just want to know if he'll get in trouble because he was obviously drinking.

I suppose that depends on the probation department. If they pull a record of the machine and use that then maybe he will. He may just have to wait and see what happens.

- Carl

[irish77]

I know you are in WA, but the probation dept may not come into play. In PA the rule goes like this...

Rolling Retest Feature: In addition to passing a breath test to start the vehicle, at periodic times during the operation of the vehicle, the device will prompt the driver to provide a breath test to ensure that the driver is not under the influence of alcohol. From the time the device prompts the driver that a test is needed, the driver of the vehicle has six (6) minutes to actually administering the breath test.

Early Recall: Early recall is a condition that requires the driver of the vehicle to return the vehicle to an ignition interlock installation service center for unscheduled service. Program violations which result in an early recall are:

A. 3 BrAC over .025

B. One (1) rolling retest violation

C. One (1) event of tampering with the ignition interlock device

D. Any other violation of restrictions placed upon the ignition interlock program participant by the local judicial authority

When the early recall is initiated, a program participant will have five (5) days to return the vehicle to the installation service center for service. If the vehicle is returned to the installation service center, the participant will incur additional program costs. Failure to return within this allotted time will cause the device to enter into a five (5) day grace period countdown. If the grace period countdown is exceeded, the vehicle will enter into a permanent lockout condition. Permanent lockouts result in the vehicle being towed to the installation service center. The costs incurred for towing are the responsibility of the program participant and are in addition to the costs for the unscheduled service.

[irish77]

To your friend is to give his keys away, wait until the interlocking period and DUI susp is over and take public transportation. I do understand if ur not in a big city it could be tough, but trains here go as far out as Wilmington DE and thats past a lot of non-city towns....

Since losing my license I have become a better person and rely less on a vehicle than ever before. I get my license back in October and all I'm doing is getting that thing installed and parking my vehicle. Wont even have the keys to the thing. I'm sorry, but people on this board are here for a reason. A propensity to drive while drunk. It wont stop just because you have some toy installed that tells you cant drive. You are still "attempting" to do it....and at some point one of us will kill someone....

No car. No chance of killing some harmless person.