CHARLOTTE — Drivers in the Carolinas convicted of drunk driving say their car breathalyzers are reading false positives.
If you’re convicted of DWI in North Carolina or DUI in South Carolina, the judge may order you to get an ignition interlock device on your car.
Kenneth Rose says he was pulled over and charged with two DWIs within two months. He doesn’t defend it. “Crap going on in my life. Not thinking. Not caring,” he admitted. “I know I screwed up.”
Now, he’s paying the price. He has to breathe into an ignition interlock device every time he wants to drive. If it senses alcohol, the car won’t start. In both North Carolina and South Carolina, if you breathe into the device, it won’t start if you blow a .02 or more, the equivalent of one drink. Sometimes, you’ll have to do, what some call, ‘running tests’ while you’re driving as well to make sure you’re still sober.
But drivers say beer, wine, and liquor aren’t the only things that can make you fail. Some of them are trying to beat the system, but not all. Richard Carvalho said, “If I eat a slice of pizza, that can set it off.”
Tanya Adames says, “I got the violation for my asthma medication, my inhaler.”
Action 9 investigator Jason Stoogenke did a test with Rose. He breathed into the device and passed. Then he used mouthwash and had a breath mint and failed.
“If it was 100% just alcohol, that’s fine,” Rose said. “But a program violation for something when I haven’t been drinking or I haven’t had any alcohol?”
And it’s not just drivers claiming issues. Managers at an auto store that installs interlock systems, Audiowerks, second their concerns. “We have some customers, everything’s hunky dory,” said Matt Shay. “Some have never ending problems, never ending,” he added.
It may seem far-fetched, but the state agencies that run the programs in both North Carolina and South Carolina even acknowledge a lot of products can make you fail the test, including mouthwash and mints like Rose demonstrated, but also energy drinks, coffee, perfumes, lotion, hair spray, hand sanitizer, cough drops, and even foods high in yeast.
“I’ve had to call into work. Call off work, late to work,” he said.
Another driver, Taylor (who only wanted to use her first name), says she went on a short drive and was prompted five times to breathe into the device during the trip. She did fine at the beginning and the end, but not the middle for some reason. The ride was only 30 minutes, hardly enough time, she says, to get drunk and sober up to pass the last test.
“It’s just so unfair that I am trying everything I possibly can to comply, and I’m still being told you can’t drive,” she said.
But that said, when the systems work, they work. According to a recent study by the University of Chicago, interlocks reduced alcohol-related deaths by 16%. And the group, Mothers Against Drunk Driving, supports mandating them for all convicted drunk drivers across the country.
North Carolina implied it’s not making changes, saying, “Alcohols exist in many consumables and environmental contaminants.”
South Carolina emailed Action 9 more directly, “This has not been a major problem” in that state and it’s “not looking to make changes,” and that the device is “designed to detect alcohol on your breath, whatever the source.”
North Carolina uses four interlock vendors. South Carolina uses four as well. Some of the companies are the same. Stoogenke reached out to each vendor to get their sides of the story. None responded in time for this report.
North Carolina DMV Advice:
1. Never attempt after consumption of alcohol, drugs, or an impairing substance.
2. Always rinse your mouth out with water each time before you blow in the device.
3. Be an ingredient reader! If the product you are using has an ingredient ending in “ol” it contains a form of alcohol contaminant and will cause a violation. Examples include menthol, xylitol, sorbitol, and glycol.
4. Do not eat/drink (water only) or use products inside your vehicle.
a. Watch all foods, drinks, gums, tobaccos, mints, or any other substance placed in your mouth. Alcohol or alcohol flavoring may be contained in those products which can cause a violation. Examples (but not limited to) include yeast-type products (breads/desserts), alcohol flavorings, energy drinks, coffee flavoring, etc.
b. Colognes, perfumes, body spray, lotion, hair spray, hand sanitizer, or other products used for hygiene, beauty, or health may contain alcohol. (Avoid using 15 minutes prior or in your vehicle to reduce the risk.)
c. Medicines (prescription/over-the-counter) liquid, gel caps, sprays, inhalants, powders, effervescent, cough drops, etc., may contain alcohol or alcohol flavoring. (Avoid using 15 minutes prior to or in your vehicle to reduce the risk.)
5. Wait at least 15 minutes after eating, smoking/tobacco, chewing gum, medications, or doing anything before blowing into the machine and rinse with water prior to providing the sample. Again, this is a must!
6. Clean (boil in plain water for approx. 30 seconds) or replace the mouthpiece periodically. Extras are given by the interlock provider.
7. DO NOT (including passengers) smoke, vape, or dip tobacco in the vehicle.
8. DO NOT USE HAND SANITIZER IN THE VEHICLE. If spilling something on your hands, wash with plain water.
9. When defrosting/deicer on your windshield (such as washer fluid) cover the mouthpiece if the device is in your vehicle (while in operation) or remove the device from your vehicle (when not in operation). The interlock provider will advise on how to safely unplug your device and take it inside. Chemicals may enter through your vent system and violate.
10. Do not use any spray air freshener or cleaner inside your vehicle. Vent clips, etc., may violate due to the contaminant alcohol. If a cleaner is necessary, remove the handset. Allow your vehicle to air out after using any type of chemical in or on the vehicle.
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