Following a DWI conviction, if the BAC was 0.15 or greater, the DMV will require the driver to install what’s called the Ignition Interlock device.
See our previous blog here https://www.mecklenburgdwi.com/jaguars-wr-blackmon-pleads-not-guilty-to-dui/ for more information on the Ignition Interlock Machine, but recently on avvo.com the following question was posted and below is my answer.
“I had the interlock device placed in my car in April. I know people hear it all the time but I haven’t had a drink in almost four years well Aug. 5th will be four years. I patiently waited and stayed off the road and got my licenses back after three years. I went with a company new to NC called Smart Start and it wasn’t even three weeks after I got my licenses I got a violiation and the day I got the violation my machine was acting up. I went in and I had blew a .008 and then blew a .00 know I have to return for a hearing because my level is .00 am I going to lose my licenses again?”
False positives are very common in ignition interlock systems. I recently had a client who visited the dentist, when he left he blew and it registered significantly higher than your reading, I think it was a 0.01 or 0.02. We showed the DMV Officer the documentation from the dentist and the fact that he had never registered a positive reading. I think the fact you blew again and it registered .00 will show this was a false positive. If you are concerned about it, sounds like you have gone through a lot to get your driving privileges back, you can always hire a lawyer to represent you at the hearing. It is an administrative hearing but it almost like a mini trial. The DMV Officer will ask you questions, review the evidence, and make a ruling on the violation.
Our firm handles all types of DMV hearings ranging from Restoration Hearings, Refusal Hearings, and Ignition Interlock Hearings, call us right now for more information on DMV Hearings.