Very afraid

[blowhard44]

What happens in Az. when i fail a retest on my interlock device?

 

[ElvinMelvin]

What happens in Az. when i fail a retest on my interlock device?

You could have your license suspended and possibly be charged with probation violation.

 

[blowhard44]

what are the penalties to probation violation? the re-test i failed was three minutes after i passed to start the car. how can it be that i failed after i started driving and passed the first test?

 

[Zigner]

what are the penalties to probation violation? the re-test i failed was three minutes after i passed to start the car. how can it be that i failed after i started driving and passed the first test?

Maybe it wasn't you who blew both times...?
(Just playing devil's advocate)

 

[davidmcbeth3]

Maybe it wasn't you who blew both times...?
(Just playing devil's advocate)

An ignition interlock device is installed in the car that the dui driver has custody & control.

If he can show that he lost custody & control (ie stolen) then its likely he'll have a defense.

But allowing someone to blow into it may be violative of the interlock device's rules & the result was still one in which he was in custody & control so either way its a no-win situation as here, the 2nd person was drunk. And another person blowing into it will not come forward as this is a crime.

In this instance, it is the OP who blew (he said so "the re-test i failed") so this defense examination is academic. Unless the question is: 2nd person blew the first time & then OP blew the 2nd time.

I'll assume that the OP blew both times. On the first time, it allowed him to start the car. Upon the 2nd time it resulted in a failure (should be 15-30 min of driving usually-then it asks for another sample). With a failure, this should sound an alarm until the car is turned off.

The device does keep a log & the failure will show up upon the log being examined.

What can occur once the failure is discovered? One of two things usually: a) your time period for having the device is increased or 2) your license is revoked.

If its best to bring the car in and have it re-calibrated now (showing that you have concerns of its accuracy) or just wait is a question for an attny who has some experience with these situations.

Most interlock devices do not activate upon a 0.08 bac but at about 1/2 that ... so you may have not been legally drunk ... but at a point where the device (which you agreed to be installed) registered its level to activate. I think that when you agree to the device, you agree that you will not drive with the lower bac level ~ 0.04.

The OP can do a google search on ignition interlock devices & see if people posted their similar tales of woe online.

Post back with your observations of what happened to those folks..