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What if Your Ignition Interlock Gives a False Positive?

Mockaitis Law Group LLC July 8, 2020

Once you get your first DUI in Illinois, the office of the Secretary of State automatically enrolls you in the Monitoring Device Driving Permit program. If deemed eligible for the program, you will have to have a Breath Alcohol Ignition Interlock Device installed on your vehicle. Before you can start the car, you must provide a breath sample by blowing into the device. If it detects alcohol on your breath above a certain threshold, it prevents the car from starting.

There are many advantages to an ignition interlock device. It allows you to continue driving to meet your obligations while reducing repeat DUI offenses. However, it can be vulnerable to false positives.

What Can Cause a False Positive on A Baiid?

There are many personal care items that contain at least some alcohol. Examples include hand sanitizer and mouthwash. If you use these products within a few minutes of trying to start the car, the BAIID may detect the alcohol and give a false positive even if you have not drunk anything.

How Can You Prevent a False Positive?

You have a responsibility to check the labels of the products you use to see if they contain any alcohol. If so, you should either avoid using the products altogether or refrain from doing so in your car or right before attempting to drive.

What Happens if There Is a False Positive?

To avoid the Secretary of State finding you in violation of the program, you must submit a second sample after a period of 10 minutes following the initial test. While you wait for the 10 minutes to elapse, try to air out your vehicle, rinse out your mouth with water and wash your hands.