My name's Tyler and I'm a student @ UTSA. I was unfortunate enough to have been charged with a DWI back in January and have been going to probation for four months now. I have ignition interlock for 1 yr and have completed my comm. service (on time), have paid my court fines (on time). I have submitted two clean "UA tests".
Recently nearly late to work, I washed my mouth out with mouthwash and then with water and waited a few minutes, as the servicemen at the interlock company said I should do if I were to eat or have somethign in my mouth containing alcohol, such as bread or mouthwash.
However, when I breathed in the machine, it failed and locked me out of my car. I got a ride to work, was late, but my manager at Banana Republic was very empathetic and wrote a letter to the judge stating that I was not in fact under the influence of alcohol, nor have I ever been to his knowledge when I have came into work.
Now, an MTR has been filed, as is procedure, and I must hire an attorney and post bond and go to court. I'm only twenty, I'm a student in summer school, and this is really consuming my mind. I have been trying SO hard and been so good and then mouthwash...I have no idea WHAT to do or if there is any way the judge (De Hoyos CC#11) will dismiss this infraction. Anybody have any idea what I'm looking at?

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Anyone ever survived a Daubert/Frye hearing on an interlock failure ? I looked in Richard's book but couldn't find anything and the interlock company is no help. Their "expert" is a former probation officer ! Of course the defense is that the perp was using mouthwash

They are told not to use mouthwash.

But then how does one wash the odor of booze out of one's mouth? Really unfair of those probation conditions to put people in a no-win situation!

{Not a comment to original poster, just a comment about the "mouthwash" excuses I have seen.}

Yes, JB, I know but thats not going to help me in the suppression with whether the instrument is reliable.