Probation Breathelizer Test
I was given a breathelizer test 10 minutes after using a mouth wash. The reading was .04. I have not had a drink in 7 months due to a DWI conviction. After protesting the result,the probation officer retested me about 7 minutes later stating that mouthwash can creat a suspect reading. The second reading was .03. I requested an additional reading or blood test to prove that I had no alcohol in my system but was told that probation does not do blood tests. I was also told and that any more time would give the alcohol a chance to matabelize in my system and refused any further testing.
I have taken numerous tests before and never had this problem. This was the first time I took the test 20 minutes after waking up and within 10 - 17 minutes after using mouth wash.
As a result of the positive test my probation officer refuses to sign a letter permitting me to get a conditional license. I am 20 years old.
This will prevent me from getting the summer job I had lined up. I have previously completed DDP and Victim Impact Panel and have never failed any of my previous 15 tests.
Do I have any options?
2 Answers from Attorneys
Re: Probation Breathelizer Test
What you are stating is that [the breathelizer test was tainted and inaccurate due to ingesting the mouthwash]. This is a basis for challenging the conclusion that you had ingested recreational alcohol.
You are welcome to a consultation for no fee.
Re: Probation Breathelizer Test
You need to have your lawyer make a motion in court so the Judge can deal with the issue.
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