What happens when you fail an interlock test?

Get Legal Help Today

 Secured with SHA-256 Encryption

What happens when you fail an interlock test?

I have had the device installed in my vehicle for 4 months already, without any issues. Earlier this week I went to start my car after using mouthwash and it did not start. I immediately called up the company to tell them. He assured me not to worry and to blow into it again in 10 minutes, so 10 minutes later I blew into it and it started. The other night I had 2 bottles of beer at dinner. About 25 minutes after the second beer I went to leave and it failed me. I waited an hour and blew again and the vehicle started. What accounts for a violation? Should I worry if there are no more violations? I can remove the device in 2 more months.

Asked on October 20, 2012 under Criminal Law, New York

Answers:

Richard Southard / Law Office of Richard Southard

Answered 8 years ago | Contributor

You are playing with fire.  The DA can bring a Violation of Conditional Discharge against you; essentially telling the judge you did not live up to your end of the sentence agreement by blowing more than .025% into the Interlock device.  If she proves this at a hearing, you can be sentenced up to the maximum time (1 year) you originally faced. 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the interlock device fails you there is a computer read that law enforcement can run to such such failure where the result if such happens could be a violation of the terms of your probation for the DUI conviction charge. If you are found in violation of your probation, the court most likely will impose the suspended sentence that was given you for your conviction.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption