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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My number was called this morning and I got up brushed my teeth

Customer Question

My number was called this morning and I got up brushed my teeth drank some water went and did my pbt and the first time I blew a .050 the second time I blew a .049. I have always blown all zeros. What will happen to me? I haven't had any alcohol in 4 1/2 mos. I drink monsters energy drinks and lots of water and tea. I can't go to jail for something I know for a fact I didn't do.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation. Can you please tell me a bit more about the background?
1) You mean you were called in for a random alcohol test - is this what happened? If not, then what exactly happened?
2) Is this part of a PROBATION or PAROLE?
3) For WHAT charge?
And, anything else you feel is pertinent - please tell me.
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Yeah I was called in for a random pbt. I haven't had anything to drink in over 4 1/2 mos. My son is my witness we are around each other 24 7. We work together and live together
Expert:  Ely replied 1 year ago.
Thank you.
2) Is this part of a PROBATION or PAROLE?
3) For WHAT charge?
Customer: replied 1 year ago.
I shot a ground hog and someone called the cops and I had 2 beers after I shot it. The cops came and I got busted for possession of a firearm while intoxicated and unlawful discharge of a firearm. I'm only being charged for unlawful discharge
Customer: replied 1 year ago.
This is the first time in 4 1/2. Mos that I've been doing this that I blew dirty. I blew a .049
Expert:  Ely replied 1 year ago.
Thank you.
Are you on PROBATION or PAROLE?
Or, not sure?
Customer: replied 1 year ago.
Probation
Expert:  Ely replied 1 year ago.
Thank you.
Even though energy drinks are alcohol free in their ads, some contain a low ethanol concentration that could give a false positive. Although this is rare, it sometimes happens.
If your PO (probation officer) passes this to the prosecutor and then they file a motion to revoke probation, then the following can happen: after a hearing, the court will (a) believe you and dismiss the motion, (b) not believe you but give you a second chance, (c) not believe you and order additional requirements such as classes, more frequent tests, an extension or probation, or, (d) not believe you and incarcerate you.
What someone in your situation may wish to do is - IF THE PO MAKES AN ISSUE OUT OF THIS - to see whether or not this can be handled without them alerting the prosecutor.
If not, then one may wish to argue that this was indeed a false positive from the energy drink, and hope that the Court believes you.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
My po just called me and now I have to do pbt test everyday now and I have a violation hearing on the 20th of this mo. She said she thinks I'm drunk right now she didn't want to hear me. She said that she can tell in my voice that I'm drunk I told her that my son is my witness and we went to the movies and came back home. My son is around me 24 7. She said you don't have any witnesses. She said that I was not telling her the truth and she wouldn't even let me finish telling her she wouldn't even listen to my son. My son won't lye especially about me drinking. He never liked me drinking. He would be the first to know if I had been drinking. He would be the first to say yes he has been and he would say he is mad and tell them to put me in jail.
Expert:  Ely replied 1 year ago.
Thank you. Okay, then it sounds like the PO is going to hand this to the prosecutor. In this case, I would consider getting an attorney ahead of time and working on a defense, possibly (but not only) including that energy drink scenario.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
I have a lot to lose if I get in trouble. My job my son my house the respect from the people that are counting on me to make the necessary changes in my life. I wouldn't lye about this to anyone. I'm not and haven't drank 4 1/2 mos I swear to god. I know for a fact that I haven't drank and I have a witness. I know that they don't care they always say the machine don't lye. I freaked out when I saw that I blew .049. I don't understand why I blew that when I didn't even drink
Expert:  Ely replied 1 year ago.
I think we over-posted each other. I had stated:
Okay, then it sounds like the PO is going to hand this to the prosecutor. In this case, I would consider getting an attorney ahead of time and working on a defense, possibly (but not only) including that energy drink scenario.
Also, it is a good idea to take said daily tests if one feels that they will be passed, as it can show that this one was a false positive.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
I plan on doing the testing everyday I know that I will pass them. This is the first and only time that I blew any type of reading. I always blew all zeros and my drug test always negative. My po just took me off the drug screening on Monday when I just seen her.
Expert:  Ely replied 1 year ago.
If one blows negative all these days, this should be a great boost for one's defense and may even get the PO to not contact the prosecutor.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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