So you do not know if it showed up in the test (it would not show on a drug screen... but there are alcohol screens that could pick it up the next day). However, you admitted to the probation officer up front that you had consumed wine against your probation conditions. Did your PO say she would violate you or discuss any other option?
First off... do not panic. If they jailed every DUI offender who drank a glass of wine or beer while on probation then you would not be able to build jails big enough. I am a little disappointed in your probation officer and suspect she may be simply talking tough in order to get her point across. Obviously I do not KNOW what your probation officer will do and I cannot predict what a judge would do, but I do not think it is time to panic. There are a few steps you need to take to protect yourself from being unduly punished for this violation of your probation.
1) You need to talk to a local attorney. How a district handles this will depend on numerous factors that are different from county to county and state to state. A local attorney will know the judge and what his/her policies are and how they treat people who are violated for DUI probation for taking a drink... again I assure you that you are not the first person to do this. I would imagine your attorney will tell you that you are worrying more than necessary. You may even decide to hire the attorney to come and speak on your behalf if a violation warrant is issued.
2) You need to see to it that you are in compliance in EVERY other way with your probation. If you are behind on fees... catch up. If you were supposed to do public service work... finish it. If you are supposed to be in DUI classes or meetings... do not miss one. Make sure you are an absolute model probationer.
3) Do not panic and overreact. You may not be violated and even if you are it may only result in extended probation, public service, a drug/alcohol assessment, etc... While you would potentially face jail time, remember that courts are mainly concerned with correcting your behavior in the least restrictive and expensive manner possible.
Please reply if I can help further.
Yes. My district uses one. It doesn't detect alcohol but it detects the direct metabolite of alcohol (ethyl glucuronide). The test is pretty accurate though not infallible. The problem here is that you admitted to consuming alcohol so there will be no disputing a positive result.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).