Iginition Interlock & Hardship License

[DBG]

What is the name of your state?What is the name of your state?What is the name of your state? FL
I just recently was accepted into the special supervisions program in Pinellas County, after a 2 year waiting period because it was my third DUI. I lost my license for 10 years. My 3rd conviction was before it was considered a felony and before the ignition interlock law went into effect.

However as a condition of the hardship license, the DMV ordered that I have the interlock device installed for a period of two years. I question whether they had the authority to do that, but that wasn't a big deal to me as I have not had a drink for several years anyway and wasn't worried about voilating the program because of drinking. My last DUI was not because of alcohol.

Well, one week goes by and I happen to gobble down some food right before I left to go home from work. I blow and the interlock locks me out. I wait five minutes and blow again and get a warning but I'm able to start my car. I continually receive warnings all the way home. The next morning, the same thing happens. I swear, I did not drink a drop of alcohol. Come to find out, what I ate that night contained vanilla extract, which is 35% alcohol by volume. I had no idea, and some had to have been retained in the mouth piece until I finally blew it out on my way into work the next morning.

Now the special supervisions has sent a letter to me and the DMV stating I violated their conditions an my license has been canceled. They said I could have no warnings on the interlock. Now, I will not be eligable for a license for 8 years. This is totally unfair as I don't think I violated their conditions as I unknowlingly ate something which was made with vanilla. They don't tell you about that when they go over the interlock device or in any dui program. Also, the plastic mouthpiece had to have retained fumes the next morning.

It looks bad on the log, but honestly I'm innocent. My BAC registers between .007 and .025 the next morning. Not a drop to drink, but because of something I ate, they have the right to pull my license. Do I have any recourse here, as it is my word against theirs and they canceled me without hearing my side of the story, which probably won't do any good either. I spent almost $1000 to get my license reinstated and they think after 1 week I'm going to throw it down the tubes by drinking!!!

Interlock users, beware of vanilla extract in food. It can cost you your license.

'...Come to find out, what I ate that night contained vanilla extract, which is 35% alcohol by volume. I had no idea, and some had to have been retained in the mouth piece until I finally blew it out on my way into work the next morning...."

I had a case where this very defense was used. It's an old one and doesn't work. What you have described cannot happen in a human mouth if no alcohol has been consumed, even if you have an appliance. Alcohol cannot be "retained" by any secret reservoirs or the material used to make appliances.

Sorry. But all of that is totally irrelevant.

The fact is, that you confessed in your post that you did consume alcohol: "Come to find out, what I ate that night contained vanilla extract, which is 35% alcohol by volume."

[enjay]

An entire cake has maybe a couple of teaspoons of vanilla extract, and the alcohol burns off when it is cooked.

[DBG]

Sorry, but both of you are wrong.

Residue does stay in the mouthpiece and the alcohol fumes do not burn off when cooked. This can be proven.

[stealth2]

Originally Posted by DBG

Sorry, but both of you are wrong.

Residue does stay in the mouthpiece and the alcohol fumes do not burn off when cooked. This can be proven.

Okay. So provide a citation that proves it.

Originally Posted by DBG

Sorry, but both of you are wrong.

Residue does stay in the mouthpiece and the alcohol fumes do not burn off when cooked. This can be proven.

Your assertions violate the laws of physics.

Please provide proof.

[DBG]

Here is a study:
A study conducted by the US Department of Agriculture’s Nutrient Data Laboratory calculated the percentage of alcohol remaining in a dish based on various cooking methods. The results are as follows:


Preparation Method Percent of Alcohol Retained
alcohol added to boiling liquid & removed from heat 85%
alcohol flamed 75%
no heat, stored overnight 70%
baked, 25 minutes, alcohol not stirred into mixture 45%
baked/simmered, alcohol stirred into mixture:
bullet 15 minutes
40%
bullet 30 minutes
35%
bullet 1 hour
25%
bullet 1.5 hours
20%
bullet 2 hours
10%
bullet 2.5 hours
5%

Now, it may be that the amount of alcohol in a dish is modest to start with, but the fact that some of the alcohol remains could be of significant concern to recovering alcoholics, parents, and others who have ethical or religious reasons for avoiding alcohol.

Madeleine Kamman, James Peterson and some of our other cooking heroes may be on the mark when stating that the harshness of the alcohol burns off quickly. But the alcohol itself is clearly another matter.

And on interlock devices giving false readings, cigarette smoke can, citrus fruit can, diabetics have a higher alcohol content in their mouth. These devices are inaccurate. After you blow there is a condensation left in the mouthpiece, I've seen it. I just don't think it is fair that if you have eaten (unknowlingly) something which contains ie vanilla, a person should be punished.

Originally Posted by DBG

...And on interlock devices giving false readings, cigarette smoke can, citrus fruit can, diabetics have a higher alcohol content in their mouth. These devices are inaccurate. After you blow there is a condensation left in the mouthpiece, I've seen it. I just don't think it is fair that if you have eaten (unknowlingly) something which contains ie vanilla, a person should be punished.

OP said: "...My BAC registers between .007 and .025 the next morning...."

[DBG]

No, don't think so. That's barely registering. So you don't think these devices are faulty? Well, as God is my witness, there was not one drink involved.

[stealth2]

Originally Posted by seniorjudge

OP said: "...My BAC registers between .007 and .025 the next morning...."

1 to 2 drinks in an hour will yield a BAC of ~0.02 ... There is NO WAY that simply eating a piece of cake with vanilla extract is going to bring a BAC to anywhere near that vicinity the next morning. Zip. Zero. Nada. Hell - drinking a bottle of vanilla extract isn't likely to leave your BAC at .02 the next morning.

[DBG]

So what had happen was a divine intervention. Well then, that's what happened, either that or the device was faulty because I will not waver from what I said. There was absolutely no alcoholic beverage consumed.