Prosecutors inquired why the machine had registered a "fail," which prevents the car from starting, despite the man's claims that he had not been drinking.
The man claimed the alcohol reading was the result of eating a Bubble O' Bill ice cream treat and Magistrate Rod Crisp ordered a test to be performed to back up the claim. Police recorded the man's blood alcohol content as 0.00 and performed the test a second time after he took a few bites of Bubble O' Bill, yielding a 0.018 reading.
Crisp granted the man's request to remove the breath testing device from his car.
Experts said consuming some foods or drinks before breath tests can cause a false positive reading. It is recommended that that test subjects wait at least 15 minutes in between eating and blowing into the machine.
