Is Blowing a "Warn" on Your Interlock a Probation Violation

[Diana C]

My question involves criminal law for the state of: Texas. One morning when I went out to blow in my interlock, it registered a "Warn". This is a Smart Start device. I freaked and went back into the house, tore it apart until I found the device paperwork. It states that a "Warn" does not lock up your car, but shows some alcohol on the breath. I had used a whitening rinse about 30" earlier, forgot to wash my mouth out with water. Now I'm afraid to tell my probation officer, I'm afraid my probation will be violated and I'll be sent to jail. My 2nd DWI. First was 23 years ago. This is my first problem with interlock since I've had it 6 months ago. What do you think my chances will be? Thanks.

[LawResearcherMissy]

We really can't predict what your PO will say.

Be truthful.

And change your mouthwash. Tom's of Maine is alcohol and saccharine free.

[RMVLAWYER.COM]

Diana:

I am a Massachusetts attorney who handles a high volume of ignition interlock violations. However, I am not a Texas lawyer and this should not be relied upon as legal advice.

It seems that you have a Smart Start SSI-1000. These ignition interlock devices are programmed by each state based on the state's established thresholds. If the IID said "warn," your BAC reading was likely just below the established threshold for a violation.

I believe that the SmartStart instructions are inadequate and misleading. The instructions say only that "warn" means that "you may start your vehicle." However, the instructions should say do not start your vehicle, because there's some alcohol in your system.

Many interlock users do not know that "warn" means that alcohol is being read. This appears nowhere in the StmartStart instructions. This lack of information leaves the interlock user to speculate. Does "warn" mean that there's a malfunction? Is the device too hot, too cold? Is there something wrong with the vehicle?

Other interlock devices show your actual BAC, so you do not have to speculate.

Based on the aforementioned, I do not believe that you will incur a violation.

Visit the igniton interlock section of my website for more information.

Brian

[Diana C]

Thank you so much for the information. My Smart Start is the SSI 20/20. I hope it is the same. I'm seeing my p.o. on Wednesday a.m., and I'm going to tell him about this. I threw out the teeth whitening solution . . . I'll wait until this is all over.

[Diana C]

Good news: Saw my P.O. this a.m., told him about it - he just said, "okay". Then asked, "So, do you like these 7 a.m. appointments?". Cool. I've learned my lesson though. A month of feelilng sick to my stomach and sleepless nights - I'm going to be extra careful to not do ANYTHING that might screw up my last months with this Interlock on it. Thanks again for the advice.