Criminal Law Questions? Ask a Criminal Lawyer.
So your PO is going to violate you? How far apart were these tests given? Just to be clear, you did not have any alcohol at any point, after your previous violation?
Thank you for the additional information. The fact that two tests have returned and show alcohol in your system, makes it a difficult violation to challenge. I say this because while there can be one false positive, for another test to be given 5 days later and reveal the same results, certainly raises a red flag, in the eyes of your PO and the Court. If you did not consume an alcohol, you want to speak with your doctor and see if any medication you may be on or anything which you are consuming, under their care, could possible result in this false positive and cause the test to result and show alcohol in your system. If the doctor can present and show that there is something which you are taking that could cause this, as a result of your surgery, it would explain why there are two violations for the same thing, 5 days apart. There needs to be a reasonable explanation presented, or else the court is going to find there to be a violation, even if you testify that you had not been drinking.
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