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| My boys love Monster, not for me! from twitter.com |
I recently got a distressing call after a more distressing letter concerning a DWI client. The letter was from the Court, demanding our appearance (with no mention of why?). I then called him, emailed him, and with no response over the course of days then called probation. He had violated the terms of his probation by blowing alcohol into his car's IID (Ignition Interlock Device).
For background, he had a series of bad situations (multiple DWIs) and yet we were still able to reduce them to one, and he was able to remain employed and licensed. He was actively in treatment and on his way to a great recovery. So what happened? Simple Biochemistry really. BTW I have a BS in human biology (Lehninger's Biochemistry was one of my favorite textbooks).
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| I think I'm in LOVE, OMG that looks good, from downtownphoenix.com |
Apparently he blew into his car's device after consuming an energy drink, burger, and fries. Could that have given an alcohol reading? He assured me that he did not have a single drink and he brought the car back to the IID vendor for a check of the system.
Can Energy Drinks Cause False Positives?
They can, in an article by recognized Alcohol Expert James Wigmore he ran down the top energy drinks and their alcohol contents. In fact, many energy drinks contain small amounts of alcohol (even though they are labeled alcohol free). see article below:
http://www.wigmoreonalcohol.com/energy-drinks-and-the-iid/
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| So simple really? SUGAR + YEAST = Energy + CO2 + ALCOHOL from biochemaholic.wordpress.com |
Can Food (like burgers) Cause False Positives?
I guess it's all about the bread (the bun) because the yeast can cause alcohol production. Food particles in the mouth can give false readings on IIDs. That is why the manufacturers of these units advise, as do I to wash your mouth out thoroughly with water before testing.
Follow the instructions on these devices carefully because the time and cost and potential consequences of a failure is too big to mess with. Wash (rinse) with water before any drive of your car to avoid the headache and hassle of explaining to a judge, to probation, and to an prosecutor why?
Lawrence (Larry) Newman, D.C., Esq.
Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.
Over 95% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 450 blog posts, dozens of articles, and over 425 informative videos on my youtube channel.
I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.
http://www.ithacadwi.com
newman.lawrence@gmail.com
607-229-5184
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