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  1. #1
    jayman2011 is offline Junior Member
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    interlock violation after spicy pizza and mouthwash

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

    I have breathalizer on my car and went out and blew after eating some spicy pizza and it read violation. So i waited about hour and a half then washed my mouth out with (what i thought was) no alcohol mouthwash but it had alcohol in it. Then went back out to try to blow on device to start car and it read violation again. So i gave up after being very concerned. My question is what happens now? what should i do? and what well happen? I have only had the breathalizer about 4 months. My probation status is good all community service and fines paid so on and so forth. i have been on probation for 2 years and I have ten years probation on 3rd DWI. I have heard alot about these devices giving off false positives but mine gave off two in a row? Can they tell it was pizza and mouth wash? My PO is pretty understanding about things. How does this process work? Does PO get violation on device or does the courts? Well my Po give me a chance to explain and prove my innocence or what? If not what legat action should I take?What is the name of your state (only U.S. law)?
  2. #2
    Isis1 is offline Senior Member
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    How long ago did this occur? You need to speak to your probation officer immediately. It is possible they may believe you.
  3. #3
    Proserpina is offline Senior Member
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    Quote Originally Posted by jayman2011 View Post
    What is the name of your state (only U.S. law)? texas

    I have breathalizer on my car and went out and blew after eating some spicy pizza and it read violation. So i waited about hour and a half then washed my mouth out with (what i thought was) no alcohol mouthwash but it had alcohol in it. Then went back out to try to blow on device to start car and it read violation again. So i gave up after being very concerned. My question is what happens now? what should i do? and what well happen? I have only had the breathalizer about 4 months. My probation status is good all community service and fines paid so on and so forth. i have been on probation for 2 years and I have ten years probation on 3rd DWI. I have heard alot about these devices giving off false positives but mine gave off two in a row? Can they tell it was pizza and mouth wash? My PO is pretty understanding about things. How does this process work? Does PO get violation on device or does the courts? Well my Po give me a chance to explain and prove my innocence or what? If not what legat action should I take?What is the name of your state (only U.S. law)?



    What was on your pizza?
  4. #4
    davidmcbeth3 is offline Senior Member
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    You agreed to the interlock, yes? Well then what usually occurs, from what I have read in the past, is that one of four things will happen:
    1) you go to jail
    2) your probationary period gets extended
    3) nothing, this time
    4) your license is gone for 10-20 years

    You clearly should not be driving; you have little understanding of the interlock device and because of this, you may as well hang up your car keys until the probationary period is over. I foresee jail for you if you do not follow the advice.
    But it is up to you.

    Mouthwash after pizza .. never heard of that one before... want to prove your innocence .. from what? You blew about a 0.04 ... you gonna claim its inaccurate? Good luck with that.

    And no, nobody here believes your statement about mouthwash. Sorry...
  5. #5
    jayman2011 is offline Junior Member
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    Please help!

    Quote Originally Posted by Isis1 View Post
    How long ago did this occur? You need to speak to your probation officer immediately. It is possible they may believe you.
    It happened just last night, probation wont be open til monday. I have no idea what i blew either time device just says violation. Does anyone know how the process works when one of this things gives a violation? Is it up to probation or what?
  6. #6
    jayman2011 is offline Junior Member
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    Quote Originally Posted by davidmcbeth3 View Post
    You agreed to the interlock, yes? Well then what usually occurs, from what I have read in the past, is that one of four things will happen:
    1) you go to jail
    2) your probationary period gets extended
    3) nothing, this time
    4) your license is gone for 10-20 years

    You clearly should not be driving; you have little understanding of the interlock device and because of this, you may as well hang up your car keys until the probationary period is over. I foresee jail for you if you do not follow the advice.
    But it is up to you.

    Mouthwash after pizza .. never heard of that one before... want to prove your innocence .. from what? You blew about a 0.04 ... you gonna claim its inaccurate? Good luck with that.

    And no, nobody here believes your statement about mouthwash. Sorry...
    I am very new to this device true. I intend to much more carefully if i get through this. I dont know if I blew 0.04 device doesnt tell me that. Wondering where you are getting that number from? Can you tell me how this process works with the violation? smart start report to probation or court or what? I understand my situation seems unbeleivable but its the truth.
  7. #7
    jayman2011 is offline Junior Member
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    More Help and suggestions please!!!

    still very concerned over this need more comments and advice or people with past experience with these devices. Has anyone had to explain something like this to probation or know someone who has had to? I am gonna let my PO know as soon as i can on monday but dont know how she is gonna react or what her options are? Is this something that is totally up to her to report or not? If so and she does what next? Ive read in places that attorney's can attack these devices giving off false positives but dont know how successful they are? I hope since i have had clean slate on probation thus far my PO well consider that
    what does anyone else think?
  8. #8
    Iwonder? is offline Member
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    Concerned?

    I Do not mean to come off as Naive, trusting or even non-trusting here. Just in reading this post if You are telling the truth.

    Invite PO over, order another pizza with same toppings, and share it.

    Have her blow in the thingamajig and see if she "violates". Then have her take mouthwash and do the same.

    She passes... you stuck... She violates... Vindication!
  9. #9
    LizzieB is offline Member
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    Quote Originally Posted by Iwonder? View Post
    I Do not mean to come off as Naive, trusting or even non-trusting here. Just in reading this post if You are telling the truth.

    Invite PO over, order another pizza with same toppings, and share it.

    Have her blow in the thingamajig and see if she "violates". Then have her take mouthwash and do the same.

    She passes... you stuck... She violates... Vindication!
    That's kind of silly and naive.

    Contact with anything with ethanol can cause false positives... that means mouthwash, pumping gas, coming into any kind of contact without even ingesting a material containing ethanol.

    If the poster is concerned, be proactive. Go to your PO on Monday.

    Then again, what are the terms of probation? Abstinence from alcohol altogether? The interlock device simply does not allow you to drive your car.

    If abstinence is a part of the terms of probation, you can be in some serious stuff. There are tests that can detect alcohol consumption within the past 5 days.

    3 DUI's? C'mon... Haven't you learned your lesson yet? DON"T DRINK AND DRIVE!!!
  10. #10
    davidmcbeth3 is offline Senior Member
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    Quote Originally Posted by jayman2011 View Post
    I am very new to this device true. I intend to much more carefully if i get through this. I dont know if I blew 0.04 device doesnt tell me that. Wondering where you are getting that number from? Can you tell me how this process works with the violation? smart start report to probation or court or what? I understand my situation seems unbeleivable but its the truth.
    The device does not have a LCD readout or anything but it does record the result (they are set for ~0.04 for a positive reading for the machine). The device log is downloaded when being re-calibrated.

    Search the net for your specific model's cut-off point.

    And yes, it does sound unbelievable ; hence your problem, even you acknowledge that.

    The process works like any other probation violation. You could have a big issue ahead.

    Post back with your results..but most who post interlock device issues & posted on this forum never do so I assume that the outcome for most is not favorable.
  11. #11
    I_Got_Banned is offline Senior Member
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    Quote Originally Posted by LizzieB View Post
    Then again, what are the terms of probation? Abstinence from alcohol altogether? The interlock device simply does not allow you to drive your car.
    ^There it is^... the $64,000 question!

    My guess is that the PO has heard the mouthwash story before... Spicy pizza? That maybe a new twist!
  12. #12
    Proserpina is offline Senior Member
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    Quote Originally Posted by I_Got_Banned View Post
    ^There it is^... the $64,000 question!

    My guess is that the PO has heard the mouthwash story before... Spicy pizza? That maybe a new twist!



    Seriously, I want to know what the heck was on that pizza...!
  13. #13
    CourtClerk is offline Senior Member
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    Quote Originally Posted by Proserpina View Post
    Seriously, I want to know what the heck was on that pizza...!
    Grey Goose pepperoni.
  14. #14
    Proserpina is offline Senior Member
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    Quote Originally Posted by CourtClerk View Post
    Grey Goose pepperoni.


    Not a Margarita pizza then?
  15. #15
    CdwJava is online now Senior Member
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    Is a false reading possible? Sure. Are they likely to buy the pizza and mouthwash story from someone who has multiple prior DUIs? No.

    Whether you get violated or not will depend on whether the PO buys this tale of yours.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
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