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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111469
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I live in Virginia and have an ignition interlock on my car.

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I live in Virginia and have an ignition interlock on my car. I failed a test three months ago but passed five minutes later. From what I've been told, this isn't a problem. Last night though, my boyfriend was supposed to pick me up from work in my car and failed the test but passed five minutes later. I'm worried that this repeated offense will cause problems for me. I know I'm responsible for all blows. I've heard ASAP gives you three fails that you pass before they will violate you. Is this true?
The purpose of the second test when there is a failure is to account for "mouth alcohol" which can cause an incorrect test reading. Thus, if the operator blows a second time in 5 minutes and passes, the first test failure is disregarded as a probable error based on mouth alcohol. Mouth alcohol can be caused by a lot of things like gum, toothpaste, mouthwash and some medications, which is why the rules provide for a second test and there is no way you could lose that much alcohol in 5 minutes between the failure and the pass.



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