Failed breathalyzer

Mr. Marshall

Well-Known Member
So later in the evening I tried again and waited about 20 minutes and blew a .02 so the story is feasible but the fact that he didn't start screaming about the mouthwash immediately before the test or at the very least immediately after the test raises all the white flags in the world. I would have said I just swished some mouthwash so we can we wait 30 minutes. If you showed them the wash I can't imagine there would have been a problem.
 

trickpony1

Well-Known Member
I don't think the OP has responded to my question of, "...why didn't you immediately demand to be taken to the hospital and have blood drawn for testing?".

...unless, of course, there is more to the story.
 

pickup

Well-Known Member
The fact is that this guy was already at the ledge. He should have educated himself about any substances that could give a false positive.

I knew this about mouthwash a long time ago and I also know that they make alcohol free mouthwashes.

Hell, I even stay away from bagels with poppy seeds.
 

cachmeifucan

Well-Known Member
Yeah I saw something a while back about the breathalyzer not being calibrated correctly if he was that messed up I highly doubt you would of went to work. At least I hope not.
Good chance if your being honest about the mouthwash that it caused you to fail. I’m familiar with concerta and it does cause dry mouth, so I can understand why you would use mouthwash before interacting with other humans.

Talk to an attorny ASAP. Mouth wash can cause a breathalyzer fail, as well as a cheek swab fail. Using tons of hand Sanatizer can also cause a cheek swab test fail. Urine and blood are the only ways to really check, and most drugs will be out of both of those within 48-60 hours due to half life.

.34 is :censored2:faced. And if the test was that far off over the span of 2 back to back blows, there is also a chance the breathalyzer may have been the issue. The police departments are supposed to re-calibrate them on a strict schedule because of this.

If your being honest I really do feel bad for you.
 

rickyb

Well-Known Member
I have been with the company 16 or 17 years. Never had any issues, and never any accidents. I have drivers that are willing toattest to my character. I’m just wondering where to go from here? Do I keep fighting, which is what I want to do! Where do I look for another job? I can only go so long without making an income
hey i got a better job for you than UPS but its in canada.
 

von kaiser

Knock, drop, and roll
Are you sure it didn’t read .034?...sounds a lot more likely given it was several minutes after blowing a .04
 

BigUnionGuy

Got the T-Shirt
I don't think the OP has responded to my question of, "...why didn't you immediately demand to be taken to the hospital and have blood drawn for testing?".

Unless, I'm reading the OP's post wrong....

He failed a test during a "return to work" agreement.
 

BrownRecycler

Well-Known Member
F

Frankie's Friend

Guest
Any ideas on a good lawyer in the Chicagoland area?
Box ox, I appreciate the encouraging words. I self admitted because I watched my mom die of alcohol. I have never had an issue at work, it was something I saw out of work. I realize I created the situation for myself and I have no one to blame but me. I only came to the site for help and advice. I just want to provide from my fiancé and my pups. If UPS is going to terminate me I understand. I would just like for them to tell me sooner than later so I am not spending part of my savings.
Do those machines need to be calibrated or documented for accuracy periodically? Maybe you have a law enforcement friend that could give you the low down about the machines, their fail rate, and calibration accuracy.
Sorry if I got to the thread late. I just saw it.
 

Wontmake9.5

My job is fun
I didn’t read all the way back but was it explained why you swished mouth wash? Did your breath smell on alcohol?
 

BigUnionGuy

Got the T-Shirt
Do those machines need to be calibrated or documented for accuracy periodically? Maybe you have a law enforcement friend that could give you the low down about the machines, their fail rate, and calibration accuracy.

The chance the machine was at fault, are doubtful.


"Each Employer or its agent is required to maintain the following records for two (2) years:

1. Records of the inspection and maintenance of each EBT used in employee testing;

2. Documentation of the Employer‘s compliance with the Quality Assurance Plan (QAP)

for each EBT it uses for alcohol testing;

3. Records of the training and proficiency testing of each BAT used in employee testing;

and

4. Any required log books.

The Employer or its agent must maintain for two (2) years records pertaining to the calibration of each EBT used in alcohol testing, including records of the results of external calibration checks."
 
F

Frankie's Friend

Guest
The chance the machine was at fault, are doubtful.


"Each Employer or its agent is required to maintain the following records for two (2) years:

1. Records of the inspection and maintenance of each EBT used in employee testing;

2. Documentation of the Employer‘s compliance with the Quality Assurance Plan (QAP)

for each EBT it uses for alcohol testing;

3. Records of the training and proficiency testing of each BAT used in employee testing;

and

4. Any required log books.

The Employer or its agent must maintain for two (2) years records pertaining to the calibration of each EBT used in alcohol testing, including records of the results of external calibration checks."
All they need to do is to be out of QAP compliance by the defined terms and the testing is thrown out.
I'm sure the company would never falsify the documents.

If I was him I'd dig into it. It may be his only chance.
 
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