What is the name of your state? Texas.
I think I'm screwed. I've had an interlock breathalyzer in my car for 8 months. On Saturday afternoon, I blew a .035 into it after using mouthwash. I panicked and got out the car. I waited around 20 minutes and blew again. I still tasted the mouthwash but I didn't think it would affect it but I blew a .032.
I called both the interlock service and my probation officer first thing Monday morning and explained everything. My PO said it doesn't look good because with mouthwash it usually blows high and then low on the second time. So if it shows as a violation, he has to report me to the court. The interlock tech said that without me blowing a much lower number it's hard for him to say there wasn't alcohol involved.
I have only 3 1/2 months left on probation. I've done everything they've asked. I completed community service, repeat offenders classes (this is my second conviction), alcohol education classes, attended my required three AA classes a week and still maintained a full time job. I've passed all UAs and am basically harmless.
All that said, I know the law say "perponderance of evidence" is all they need to revoke my probation.
The probation officier won't send the case to court until he has the summary report next month when I take the car into the interlock place to download my monthly report.
I feel that I'm in it deep because of what the interlock report is going to show what I blew. I wasn't drinking and I'm being honest. If I had been drinking I wouldn't have blown a second time. I don't think the court will look at it that way.
My fear then becomes what will they do to me? I know perponderance means the don't have to show beyond a resonable doubt and that evidence only has to show more than likely that I was drinking. So it doesn't look good for me.
My biggest concern is that the judge will throw the book at me and revoke causing me to lose my job and everything I've worked hard for.
My next step is going to be to consult an attorney and see what they advise.
If anyone can offer any insights or something, please do so. As I'm a wreck and scared I will be punished for something I didn't do.
I think I'm screwed. I've had an interlock breathalyzer in my car for 8 months. On Saturday afternoon, I blew a .035 into it after using mouthwash. I panicked and got out the car. I waited around 20 minutes and blew again. I still tasted the mouthwash but I didn't think it would affect it but I blew a .032.
I called both the interlock service and my probation officer first thing Monday morning and explained everything. My PO said it doesn't look good because with mouthwash it usually blows high and then low on the second time. So if it shows as a violation, he has to report me to the court. The interlock tech said that without me blowing a much lower number it's hard for him to say there wasn't alcohol involved.
I have only 3 1/2 months left on probation. I've done everything they've asked. I completed community service, repeat offenders classes (this is my second conviction), alcohol education classes, attended my required three AA classes a week and still maintained a full time job. I've passed all UAs and am basically harmless.
All that said, I know the law say "perponderance of evidence" is all they need to revoke my probation.
The probation officier won't send the case to court until he has the summary report next month when I take the car into the interlock place to download my monthly report.
I feel that I'm in it deep because of what the interlock report is going to show what I blew. I wasn't drinking and I'm being honest. If I had been drinking I wouldn't have blown a second time. I don't think the court will look at it that way.
My fear then becomes what will they do to me? I know perponderance means the don't have to show beyond a resonable doubt and that evidence only has to show more than likely that I was drinking. So it doesn't look good for me.
My biggest concern is that the judge will throw the book at me and revoke causing me to lose my job and everything I've worked hard for.
My next step is going to be to consult an attorney and see what they advise.
If anyone can offer any insights or something, please do so. As I'm a wreck and scared I will be punished for something I didn't do.
Mouthwash alcohol would evaporate very quickly and is only about 6 percent so how long did you wait for the second blow ,Now booze on the other hand is release from your blood system thru your lungs you would have to wait at least 6 hours to lower the reading and can you prove you didnt drive. you say you blew on it twice it sounds like a round trip to the liquer store you tried to cover up on monday.