Denial of Access

[stanton]

Deleted

[Higgs]

There's a reason why you're not allowed to have anything from the time that you're notified until the testing is complete.

I don't have any advice except good luck. I doubt that either of the causes that you mentioned could cause a test that high, but I'm not a doctor.

PM Graphic for appeals advice.

Justin

[stownsend]

They will back calculate your actual results for the one hour you started work.

[Chimera]

There are a few inherent problems with the breathalyzers.  You should always opt for the blood test for confirmation of the breathalyzer.  If the site doesn't offer it as a choice, go immediately to your doctor.

[Roll Tide]

Last FFD test I had, my instructions included, "Do not burp" on the 15 minute list of prohibited actions.

[Graphic]

Eh, honestly your chances of a successful appeal are pretty slim in this case.  You blew a .038, after you were already on duty for an hour, which is a fail as you now know. The NRC guidelines are easily read here: http://www.nrc.gov/reading-rm/doc-collections/cfr/part026/part026-0103.html

There is the 15 minute rule if you've had any kinda drink, gum etc they are regulated to wait 15 minutes. They are required to ask you, not just assume you haven't. I've never heard of any e-cig producing a positive on alcohol tests, but who knows. It surely isn't something your review officer is going to take into account, he or she is going to go with the hard proof which was your fail. They are going to be hard pressed to believe you hadn't drank a sip in the past 12 hours or so. Your best bet is just to wait the year and return after that.

Good luck!

[radbrat]

If what you are saying is true, never mind the e-cig, and you abstained for 12 hrs, you should go have a liver function test performed. For that kind of retention time, something aint right.

[Ksheed]

From what I remember from an alcohol awareness class:

The average person's body processes the equivalent of one drink per hour starting one hour after you started drinking.
One drink is basically .01 for the average sized person.
One drink is; one beer, one shot, or one glass of wine/wine cooler.
Using this rough math; if you blew a .038 approximately 13 hours after you stopped drinking then you were at a .168.
Basically twice the legal driving limit.

Better start looking at some non-nuke jobs.