Ignition Interlock Device (IID) Positive reading. Los Angeles, California

[Adviceneeded0]

What is the name of your state (only U.S. law)? California (LA County)

Hi everyone,
I am in real panic mode right now. Please anyone with IID experience in California, please comment will be really appreciated.
This is what happened:
I'm a DUI first offender with a DMV-ordered IID installed in my car (IID pilot program). The IID has a preset limit of 0.03 % BAC. In other words, if its above a 0.03% is will recorded as a failed test and won't let you start the car. Well, last night I started my car with 0.01% BAC for less than one minute (I moved my car from the driveway to the other side of the house, i was parked behind my fathers car and he needed to leave). This happened in the middle of me having a huge pastrami sandwich which is most likely what triggered it. This happened during a rolling test while I was eating a Choripan (an argentinian chorizo sandwich) and gave above a 0.02% reading one time.
Anyways, I just read the IID contract/lease agreement and it states that i should no attempt to start the car with any measurable amount of alcohol in my system. So now Im panicking!
If this gets reported to the DMV, will they suspend my license? will the notify the court too? In other words, am I screwed? Will i get convicted for a 2nd DUI?

Please help! I will talking to the IID technician next week (during my monitoring) but you're help right now will really be appreciated. Thanks!

 

[FlyingRon]

If you didn't record a violation, you don't have a problem. .01 and .02 are at the threshold of detectability and device error. You do however need to be careful when eating things that may contain alcohol (though I doubt that either pastrami or chorizo caused a reading).

 

[Adviceneeded0]

If you didn't record a violation, you don't have a problem. .01 and .02 are at the threshold of detectability and device error. You do however need to be careful when eating things that may contain alcohol (though I doubt that either pastrami or chorizo caused a reading).

Thank you for replying!
Eating the Choripan did triggered it while i was driving and eating. I commented this to the technician and he said its the yeast present on the bread. He said it was fine. I was also shocked!
Thank you for your input! I hope I dont get in trouble.

 

[GuyInNC]

If your IID provider sells a "companion device" that uses the same sensor, that would be a good investment as a way to pre-test yourself. The digestion of sugar and yeast (in some people) will generate enough alcohol to be detected. Always rinsing your mouth before a test is also a good idea.

 

[Adviceneeded0]

If your IID provider sells a "companion device" that uses the same sensor, that would be a good investment as a way to pre-test yourself. The digestion of sugar and yeast (in some people) will generate enough alcohol to be detected. Always rinsing your mouth before a test is also a good idea.

Thank you so much for replying!

After doing ALOT of reading, the IID agency sends a Non-compliance form (DL-921) if any of these are violated:

When the vehicle is serviced, the installer recalibrates and monitors the operation of the device. Under CVC §23700, an IID installer must notify DMV if the device is removed or if there is evidence that you attempted to remove, bypass, or tamper with the device; or if you fail three or more times to comply with any requirements for the maintenance or calibration of the IID.

Even the Non-compliance form specifies those violations. I didn't remove, bypass or tamper the device. And i haven't fail to comply with maintenance or calibration unless what i did counts as that.... at least I haven't done 3 or more times...

Anyways, I will be seeing the technician this week. I will keep this updated I know there's people out there with an IID that have turned on the car with a PASSED TEST but showing a very little BAC.

Thanks for again for the replies!! It helps a lot : )

 

[GuyInNC]

An additional thing to be aware of. I don't know what brand of IID you have but a Smart Start device in NC will register the following actions as a violation. Leave your handheld device in a drawer in the house and simply take your keys to your car, turn the ignition on (don't try to start the car), and set your radio stations to your preference. Turn the ignition off and go inside.

Yes, for my device (in NC) that is a tampering violation (and I learned that the hard way). There is nothing in the supplied documentation that even implies this being an issue, BTW. You should have a 'violation counter' in your device that you can query. It would be good to check this.

 

[Adviceneeded0]

An additional thing to be aware of. I don't know what brand of IID you have but a Smart Start device in NC will register the following actions as a violation. Leave your handheld device in a drawer in the house and simply take your keys to your car, turn the ignition on (don't try to start the car), and set your radio stations to your preference. Turn the ignition off and go inside.

Yes, for my device (in NC) that is a tampering violation (and I learned that the hard way). There is nothing in the supplied documentation that even implies this being an issue, BTW. You should have a 'violation counter' in your device that you can query. It would be good to check this.

Thank for the comment!

Yes I wished they were more specific with the violation of an IID. The terms they use can be interpreted different by different people.

 

[Adviceneeded0]

Possible probation violation

Ok so I'm panicking again now!
Now I'm scared this violated my probation which includes zero tolerance rule! I cannot drive a vehicle with any measurable amount of alcohol. Based on this alone I violated my probation. I'm so screwed.

 

[GuyInNC]

Sounds like this is causing you great stress (understandable, BTW). I would suggest that you find an attorney who has experience with this end of the process. Many/many DUI attorneys do not have any experience with this. What you need is a paid consultation with an attorney who has dealt with THIS PROBLEM before (this problem is hardly uncommon - lots of people have trouble with yeast and/or sugar and short term false positive* readings). If the attorney that you talk to has not dealt with this problem before, then ask him/her for a recommendation. And keep going until you find someone who knows this end of the business in your state. Ideally this would be someone who actually knows the players on the enforcement end of this.

Good luck.

* I am calling this a 'false positive'. While the device is probably doing an accurate measurement of the alcohol in your breath, it is not a reflection of your BAC (unlike a reading after a 3 hour binge at a bar). Your IID provider would argue that it is not a false positive. FWIW.

 

[quincy]

Ok so I'm panicking again now!
Now I'm scared this violated my probation which includes zero tolerance rule! I cannot drive a vehicle with any measurable amount of alcohol. Based on this alone I violated my probation. I'm so screwed.

What kind of IID do you have installed in your vehicle?

You said the device would not record any violation below 0.03%.

Although I can understand your worry, I think perhaps you are worrying unnecessarily. You will be seeing the technician soon. Wait to see what is said. I do not see any need for you to get an attorney, at least at this point.

 

[Adviceneeded0]

Sounds like this is causing you great stress (understandable, BTW). I would suggest that you find an attorney who has experience with this end of the process. Many/many DUI attorneys do not have any experience with this. What you need is a paid consultation with an attorney who has dealt with THIS PROBLEM before (this problem is hardly uncommon - lots of people have trouble with yeast and/or sugar and short term false positive* readings). If the attorney that you talk to has not dealt with this problem before, then ask him/her for a recommendation. And keep going until you find someone who knows this end of the business in your state. Ideally this would be someone who actually knows the players on the enforcement end of this.

Good luck.

* I am calling this a 'false positive'. While the device is probably doing an accurate measurement of the alcohol in your breath, it is not a reflection of your BAC (unlike a reading after a 3 hour binge at a bar). Your IID provider would argue that it is not a false positive. FWIW.

I really appreciate you input on this.its really hard to find information about this sort of case specially here in California. I will see the tech tomorrow, I hope everything goes well. I'll keep you guys posted

 

[Adviceneeded0]

What kind of IID do you have installed in your vehicle?

You said the device would not record any violation below 0.03%.

Although I can understand your worry, I think perhaps you are worrying unnecessarily. You will be seeing the technician soon. Wait to see what is said. I do not see any need for you to get an attorney, at least at this point.

Yes , the set point is 0.03. Anything about that causes a fail test and the car won't be able to get started. I've done ALOT of reading on this ( vehicle codes , IID handbook, etc) and I think I might be ok.... let's hope I'm right. Thanks again for your comment , it really helps when someone replies. I will keep the thread updated. I will see the tech tomorrow.

 

[surviveadui]

A violation of the IID is NOT a probation violation. Why? They cannot prove that it was you driving it unless you have the upgraded system with the camera attached. Even then, you weren't stopped by a law officer. Just as their handheld breathalyzers aren't what get you for your DUI, your IID isn't the same. Don't worry.

Also, if your IID is anything like mine was, you get 3 violations PER MONTH.

The system understands that you're going through a lifestyle change and it takes time to adjust. They're not going to charge you with a .01 or .02 on your own device.

 

[quincy]

A violation of the IID is NOT a probation violation. Why? They cannot prove that it was you driving it unless you have the upgraded system with the camera attached. Even then, you weren't stopped by a law officer. Just as their handheld breathalyzers aren't what get you for your DUI, your IID isn't the same. Don't worry.

Also, if your IID is anything like mine was, you get 3 violations PER MONTH.

The system understands that you're going through a lifestyle change and it takes time to adjust. They're not going to charge you with a .01 or .02 on your own device.

^^^^
The information provided above by surviveadui is inaccurate. Please ignore it.

 

[Adviceneeded0]

^^^^
The information provided above by surviveadui is inaccurate. Please ignore it.

Just thought I drop by and say what happened. He pretty much told me not to worry about it...
But, Im still worried haha
Well we'll see what happened at the end of my 5 months. That would be on the beginning of January. Hopefully nothing shows up on the mail


Why do you say its inaccurate Quincy?