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Old 10-04-2012, 09:21 AM   #1
 
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Default Problems With Breathalyzers

My Dad got a DUI almost three years ago. He had a Breathalyzer put on his car and he hasnt had a drink since the DUI. It was suppose to be on there for a year, but he didnt realize mouthwash had alcohol in it, 2 months added on. then he ate a hunny bun for breakfast, 2 months added on. he put his car in the shop, they had to start the car, but didnt blow in the breathalyzer, 2 months added on. He add proof that the car was in the shop and he was in a different city when the thing went off. This has continued on for almost 3 years. My dad has offered to take blood test to prove he hasnt hadd any alcohol in 3 years. This tuesday, my dad was finally getting it off. he goes to have it removed only to find out 2 months had been added on because it started his car and didnt blow into it. He had started the car and ran back to the house to grab something, he ran back to the car and the thing was beeping, he blew into it, and passed, we think he just wasnt fast enough, who knows? He ties to call someone to get the think off and explain himself, but no one knows anything or he can never speak to a person, only recordings. he is trying to find resources to help him but keeps hitting a brick wall. He has to pay for this think every month and take a day off work to go to the company to get it "serviced". We are at a loss. Has anyone had to deal with a breathalyzer or knows someone who has? We can use any advice to help us get this resolved before my dad has a heart attack.

TIA!!
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Old 10-04-2012, 09:51 AM   #2
 
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No advice; I just wanted to say I'm sorry. I can't imagine how frustrated your dad must be!
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Old 10-04-2012, 10:02 AM   #3
 
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I do not have a great deal of experience or advice on this topic, but I have taken a few calls from disgruntled people with interlock, so I will do my best. Has your dad reported the fails to the service provider, or DMV, right after it happened? Has he then rinsed his mouth and tried it again to see if he gets a pass? I honestly don't know what would be best for him to do, but I have heard people mention these things. Some say its better to report, try again, and then get a pass. It shows that it was more than likely a malfunction. Also, he might want to contact a DUI lawyer and ask what he should do. Especially considering that he has proof of his car being on the shop during one fail. I know a consultation will cost some $ but he might get the best advice and action there.

Also, rather than calling, I would get to the DMV and/or service provider, with proof in hand, and speak with a actual person.
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Old 10-04-2012, 10:13 AM   #4
 
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I have dealt with problems with ignition devices, so I certainly believe it can happen.

Your dad needs to see a lawyer with expertise in this area. If I recall, money is tight for you guys so he should talk to legal aid and see if they can assist him.

It is very important to be proactive and keep at it. If just calling is not getting a response, he needs to go in and see someone in person. He should also document all the dates and times for the issues he's had, any witnesses, what happened, and dates and times of any follow ups he made, any witnesses (get names of anyone he speaks to, etc.) in case he needs this in court.
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Old 10-04-2012, 11:31 AM   #5
 
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thanks!! I'm going to have him keep records for now on. Everytime he gets a fail he does automatically go to a computer system owned by the company who puts the thing on there. The company is not owned by the DMV. They dont even have contact with the DMV when he has issues. My dad has explained to the company several times when he gets a fail, they just tell him to contact the DMV, when he tries he gets a recording. it's so frustrating. I heard tales that they were even considering putting these things on everyone's cars.

Money is still a bit tight, but its getting better!! If we have to we will borrow the money to get a competant lawyer. This is redic!! The own operation really seems like a scam.
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Old 10-04-2012, 09:19 PM   #6
 
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I agree that you'll probably need a lawyer for this. Check around and see if pro bono or sliding scale is available.

Best of luck. Those breathalyzer/ignition setups give false positives all the time.
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Old 10-05-2012, 06:15 AM   #7
 
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My dad's boss told him to do what he has to do to get it off his car. he is even willing to front him the money for a lawyer!! Of course my dad with his pride cant take it, so this week end he agreed to work overtime.

Hopefully we will get this resolved soon. Thanks folks!!!!
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Old 10-12-2012, 06:42 AM   #8
 
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Thanks for everyones advice! My dad gets the breathalyzer off next week!!!
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Old 10-12-2012, 02:15 PM   #9
 
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Great news!! Those things are famous for false positives and malfunctions. It sounds like he has put up with it long enough. I am sure he is incredibly happy.
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