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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12908
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I had a prior offense dwi in 1996. Unfortunately, i was arrested

Customer Question

I had a prior offense dwi in 1996. Unfortunately, i was arrested this year for another. I have an interlock system and this morning I blew in the system, I had been drinking the night before and the interlock did say TEST PASSED however it took a while analyzing which means it was recording alcolhol levels. Do you know how this shows up up on the monitoring reports and what my probation officer may do.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Customer:

Hello. My name is XXXXX XXXXX I will be glad to help you.

Customer:

Are you online with me?

Customer :

yes sir...

Customer:

Welcome to JustAnswer.com

Customer:

Do the terms of your probation prohibit you from consuming any alcohol?

Customer :

not my first time

Customer :

absolutely

Customer:

Well, unfortunately this reading will be reported to your probation officer and your probation officer can violate your probation based on this reading.

Customer:

When were you put on your probation and did you have any issues prior to this incident?

Customer :

My apologies...direct answer to your question.... i should have no alcohol.

Customer:

When were you put on your probation and did you have any issues prior to this incident?


Customer :

i had a TEST PASSED when i blew but it took longer than normal to analyize. i called the ignition interlock group and they told me to call my PO ..I haven't talked to him yet.

Customer:

Ok, that means that the interlock system did detect some level alcohol content.

Customer:

Have you had any issues with your probation prior to this incident?

Customer :

Do youe think i should call my prob. officer and let him know that it was a dirty read and blame it on mouthwash etc? just to let him know uprfront?

Customer:

It is not a good idea to make any admissions. Your PO will be notified by the interlock company.

Customer:

Unfortunately, generally mouthwash, medication, etc...would not trigger the interlock reading.

Customer:

However, if this is a single isolate incident of a positive reading, the PO might not violate you or might order additional random alcohol testing / treatment.

Customer:

Unfortunately, the PO does have the authority to also violate your probation, based on the positive reading, but generally the PO will question you first about this issue and then would make a decision whether to violate you.

Customer:

Does that make sense?

Customer :

Alex, this is my third month of probation. I should have fought this case. I am doing everything above and beyond what is asked of me . I'm way over where i should be as far as AA meetings, community service etc.

Customer:

I understand.

Customer:

I also realize how difficult it is to kick a drinking habit.

Customer :

on the report that is given to my P.O.>> is this going to show up as a violation?

Customer:

But unfortunately, you do have to understand that your PO does hold the key to your probation.

Customer:

Your BAC level at the time of reading

Customer:

Do you have any related follow up question?

Customer:

basically, your PO will receive your positive reading and would require you to meet with him at which point the PO will question you about the reading and will make a determination whether to violate your probation.

Customer :

Im sorry Alex.. i need to speak witth you..can you call me, please? XXX-XXX-XXXX

Customer:

Unfortunately, we are not permitted to communicate with JustAnswer.com customers outside of the website.

Customer:

But you can ask me any related follow up questions here and I will be happy to answer your questions.

Customer:

Can you please let me know if you have any related follow up questions?

Customer:

Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Customer:

Can you please let me know if you have any related follow up questions?


Customer :

hey alex...i'm sorry..when i was writing you earlier i was not home...i was on wi-fi. computer ran out of juice. Now at home and plugged in. So, to pick up where we left off.... your thoughts are for me not to bring it up to my PO....but if he does ask me about it should i admit? Here in TX. , the limit on these interlocks is .03 so i would have blown .01 or .02 . If you were me what would you do?

Expert:  Alex J. Esq. replied 1 year ago.
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Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Basically, if you admit to alcohol consumption, even when you were not driving or night before starting the vehicle and getting the positive reading, you would be admitting that you have violated probation and PO will not have much discretion and will have to lock you up and you will be facing violation of probation hearing where the judge will make a determination whether in fact you have violated probation and whether you should be reinstated on your probation or sentenced to serve some jail time.

If the PO simply gets a report from the interlock company, without you admitting to anything, given the minimal amount of BAC reading, there would be some room for doubt and even if you are violated by your PO and brought before the judge at probation violation hearing, your attorney will have much better argument that you did not violate your probation and that this might have been some type of a technical glitch or bad reading, thus increasing your chances tremendously of remaining on your probation without any further sanctions by the court.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 1 year ago.
Do you have any related follow up questions for me?

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