Austin DWI defense attorney Charlie Roadman discusses some common issues with the Ignition Interlock Device.
The IID is a device installed in vehicles that requires the driver to blow into it to start and operate the car. It serves multiple purposes: for the judge, it's a community safety measure; for the prosecutor, it monitors potential drinking problems; and for the defense attorney, it's a chance to show the court the defendant can follow rules.
Roadman emphasizes that those ordered to use an IID are almost certainly also instructed not to consume alcohol at all, even when not driving. Violating this rule can have serious consequences. He outlines two sets of rules for IIDs: those from the rental company and those from the judge, with the latter being more important. For example, a company may allow a few alcohol violations before locking the car, but judges will likely not tolerate any.
IIDs can detect alcohol from drinking beverages and other sources like mouthwash or kombucha. False positives can occur, but washing the mouth out thoroughly and retesting can prove innocence. Failing to retest after a positive result can lead to assumptions of alcohol consumption.
A common violation scenario involves residual alcohol from the night before still being in the system the next morning. Roadman advises against common excuses for violations, stating that the only acceptable excuse is retesting to prove the initial positive was false.
For more information about Charlie: roadmanlaw.com/
Charlie's book The Defendant's Guide to Defense (How to Help Your Lawyer Get the Best Result) is available on Amazon: www.amazon.com/Defendants-Gui...
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