Legal Question in DUI Law in Michigan

Failing an intoxalock test .049 reading

My daughter has this device in car , after one year she had one violation .049 reading.Could this have been from nyquil the night before(2-3 hours since last dose)I truelly believe she did not drink ,but what could cause such a high reading..or is this not high?What different variables come into BAC results?The legal limit in our state is .10..isn't .o49 less than the legal limit?


Asked on 5/14/07, 4:23 pm

2 Answers from Attorneys

Re: Failing an intoxalock test .049 reading

There are lots of possibilities for the bad reading. You should call use for a free initial consultation about the possible causes and the possible optioins for your daughter. We can be reached at 1 8667665245.

For additional information, go to:

www.WinDrunkDriving.com

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Answered on 5/14/07, 5:28 pm
William Morrison Action Defense Center

Re: Failing an intoxalock test .049 reading

Your daughter is on driving probation whicn means NO ALCOHOL. Any reading above .005 is a violation.

Judges,probation officers, and lawyers have heard so many "Nyquil" excuses that they can barely keep a straight face when the next one is offered as a defense. Your daughter would have had to drink 2 six ounce bottles of Nyquil to register a .049 2-3 hours after last ingestion. Old Nyquil used to be 25% alcohol. Today's Nyquil is 10%. One 6 oz. bottle is the alcoholic equivalent of a 12 oz. can of beer.

Maybe the test was faulty.

If she needs help, she can call my office.

William Morrison

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Answered on 5/14/07, 8:10 pm


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