QUESTION
What happens if I failed a breath test on my interlock?
Asked on Mar 04th, 2013 on DUI/DWI - California
More details to this question:
Will I get in trouble for no passing it and trying to drive drunk? Do they keep track of that? Should I tell my probation officer?
4 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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They will find probably out, call the company and see if they report failed tests to the courts. If they report any failed attempt to start a car, you might as well report it to your probation officer.
Answered on Mar 06th, 2013 at 12:08 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If the ignition interlock was installed as part of your settlement in court (plea bargain), your positive test is likely to be treated as a probation violation. These devices can have false positives, these types of charges can be defended, you should consult a DUI attorney in your area to discuss your situation.
Answered on Mar 06th, 2013 at 12:08 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Nothing. Keep quiet. Stop driving after drinking.
Answered on Mar 05th, 2013 at 11:01 PM
Geoffrey MacLaren Yaryan
If the test was .08 or above you could be charged with a new dui. If under that, you would likely be in violation of your probation.
Answered on Mar 04th, 2013 at 8:09 PM