Blowing into the Ignition Interlock Device while alcohol is in your system will almost always result in a violation. Ignition Interlock violations are also violations of your conditional discharge.
When you violate your conditional discharge, the judge will typically issue a criminal summons and bring you back to court. If the judge finds that you violated your conditional discharge by consuming alcohol, or by violating the terms of your Ignition Interlock requirement, she can resentence you on your original charge - the DWI.
In other words, it's as if you are going back to court to be sentenced on the DWI, but there is no longer a plea deal in place.
The judge could sentence you to weekends in jail, or straight time in jail (up to one year for misdemeanors), or probation (three years for misdemeanors). At a minimum, you are definitely facing an extension of time during which you have to have the Ignition Interlock Device on your vehicle. (You can't have the IID removed until you have gone six months without a violation.)
Some courts may require you to get a new substance abuse assessment. If you follow the recommended treatment, there might be no jail time; they may just extend the time for your Ignition Interlock Device. It depends entirely on the judge.
We handle IID violations regularly, and we can help reduce the consequences of a violation. Clients who hired us for the original DWI pay a reduced flat rate on IID violations. We offer upfront pricing estimates on our website, excellent trial results, and outstanding client reviews.
Call us today for help. (585) 485-0025.