Hello. My name is XXXXX XXXXX I will be glad to help you.
Are you online with me?
Welcome to JustAnswer.com
I am sorry to hear about this unfortunate situation.
Can you please tell me as to why you think the device failed?
So, you did not re-test and did not drive this morning?
Have you been contacted by your PO yet?
How is your diversion program monitored?
I understand and it is a good thing you did not attempt to restart the car, since if someone fails several tests, it shows to the state that the person is capable and intending to drive while intoxicated.
Unfortunately, the reading of this failed test will be forwarded to the DMV and also to your diversion program coordinator
What happens then?
It would be up to their discretion whether to they will send you a notice to show cause and you will be questioned about this incident.
Can my diversion be revoked?
If that does happen, you would want to consult and retain local DUI defense attorney.
But, generally not likely for one single fail.
based on one single failure to retest?
ok, so what do i do now?
How long have you been in diversion and with IID?
wait to be contacted by the coordinator?
I've been in diversion since January
There are two ways this can be handled. Someone in your situation can contact the coordinator or wait to see if you get a notice from DMV or the court.
The option would depend on your specific case and I would suggest that you contact your local DUI attorney who represented you in your DUI case and know everything about your case and follow his/her advice.
Does this make sense?
what do i tell the coordinator if they call me?
I cannot tell you what to tell your coordinator, but generally it is a good idea to tell the truth or remain silent, in order not to incriminate oneself.
ok, thank you.
Generally, one fail would not trigger serious consequences, but it is important to be careful and if you think your IID is malfunctioning, the it would need to be reported to the installer and to have it checked out and properly callibrated.
Yes, thank you for lowering my anxiety. i totally thought I would get kicked out of diversion
Well, it is not likely, but do consult with your local attorney and also please remember that generally people who are in diversion for DUI are not permitted to drink any alcoholic beverages (I am not saying that you did in any way).
Do you have any related follow up questions for me?
Thank you for your help. No follow up questions.
I wish you the best of luck.Please click on the "Excellent Service" feedback, so I can receive credit for my answer.Bonus and positive feedback are always appreciated, but are not required.
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).