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AttorneyTom, Lawyer
Category: Criminal Law
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Experience:  Attorney
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i am on probation after my 1st DUI , i had a interlock installed

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i am on probation after my 1st DUI , i had a interlock installed in my car it locked me out 3 time, 2 of those times i had nothing to drink, i leave for work at 3am and leave in a rush, can mouthwash give a false reading.Is this a violation of my probation and what should i expect.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 6 years ago.
Good afternoon!

When an individual has been prohibited from consuming alcohol pursuant to a DUI, the appearance that he/she has consumed alcohol can potentially result in a probation violation.
Mouthwash absolutely can interfere with an ignition interlock device, as can numerous other things (such as tongue rings). It's important to have a clean mouth at the time of using such a device for that reason.
It's also possible that such a device may be improperly calibrated.
The relationship with a probation officer can also come into play, as a probation officer may choose not to violate someone.
Accordingly, you may wish to seek legal representation to assist you with the matter if you expect that your probation officer will violate you.

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