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LegalKnowledge, Attorney
Category: Legal
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Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Will you get a probation violation if you fail breathalyzer?

Customer Question

Will you get a probation violation if you failed one test on your breathalyzer in Odessa, Texas?
Submitted: 10 months ago.
Category: Legal
Expert:  LegalKnowledge replied 10 months ago.

Good morning. The probation officer would have an obligation and duty to violate, if there was a failed test. The real issue is what action the court would take. For a first time violator, they my be willing to reinstate the probation and add additional terms and conditions, related to alcohol treatment.

Customer: replied 10 months ago.
Should I call her and let her know
Expert:  LegalKnowledge replied 10 months ago.

It is at your discretion. I say this because if there was a fail, it should be reported and she may find out.

Customer: replied 10 months ago.
Is their a chance she might not find out
Expert:  LegalKnowledge replied 10 months ago.

It is possible. It is also possible that she may decide to not violate you and impose additional requirements as well. You self reporting may be a mitigating factor but would not be a defense or just result in them not taking action.

Customer: replied 10 months ago.
Would it be a good idea to get myself in aa to at least show that I'm trying
Expert:  LegalKnowledge replied 10 months ago.

You could. It may be also something that is imposed but would certainly not help to attend meetings, to show you are making a good faith effort.