I'm on my first month of having a BAIID w an rdp for a second dui, does SOS have issues with me having trouble blowing?

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Sometimes it takes me up to 10 or more tries to get an acceptable sample. (blow is too high, I blow softer, then it's too low, over and over until it magically works.) I have called the company, it's gotten better. Now I'm down to 4-6 tries. Yet, what I am most concerned about is 2 times I was asked for a rolling road test, I tried so many times without success, my BAIID said, "Provide sample now or vehicle lock out will begin." Since that is a violation and a fine. I turned off the car both times and turned it back on. I sat there blowing until I got it right. All in 5-10 min time frame of non-stop blowing. I called the SOS both times (and the company) to find this is perceived as refusing a rolling road test??? I may be asked to give an explanation. Will I be ok? How should I explain?

Attorney Answers

2
Ted Harvatin ·
You can't know for sure if you will be OK. The fact you have been proactive may help. If the SOS has any concerns, he will send you a letter and allow you to provide an explanation. It is important that you respond and that if you are claiming other factors, you prove it. One thing that helps- you are required to maintain a log of failed readings. When it's time to answer the letter (if one comes) being able to refer to the log helps.
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Richard Albanese ·
You may need to motion up your case to have your lawyer clarify what is going on and infirm the court of these issues you are having
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