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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  10+ years defending Misdemeanor and Felony cases.
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I am on probation for a second offense since January of this

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I am on probation for a second offense since January of this year in Texas. I have to use a Soberlink every 4 hours. I had a reading of .017 several last month due to something I ate while out to dinner. I was not drinking!!!! Since this was under.020 bac it was a concern to my PO but she didn't say anything more. However, I was out with some friends several days ago and ate at an Italian food restaurant. I tested immediately after eating (which I know I should have waited 20 min., but I didn't think I would have a problem). This time it read .037. I retested up to 2 hours to get it back down to .000 bac. This indicates that I had a drink, but I was not drinking at all. The food however I found out had been cooked in wine just like when I tested at .017. My PO said she would have to talk to her supervisor as to what is going to be my punishment. I hate having to defend myself against something I did not do, but now what should I do. USDA says alcohol does not burn off totally. What else could cause the Soberlink to show a positive that much? What will the probation officer punishment going to be? I plan on getting an attorney, but I am worried in the meantime. BTW, All of my requirements are paid and done that I have been told to pay and do. Any advise is welcomed if you have any. Thanks
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. The first thing that you may want to do, is contact Soberlink and have them come out and test the machine, to make sure it was properly installed, calibrated and it working at this time. It is possible that if there is a problem with the installation or its performance, that it is causing a false positive. You also want to contact the restaurant you ate at and obtain a copy of the menu, to show your PO what you ordered and how the meal was prepared. In addition, as if they can speak with the cook, to advise how much wine was actually used. It is possible that the amount used could reflect the result, to support your claim that the food was cooked with it, which resulted in the positive reading and not from you consuming alcohol. If your PO did violate you, they would provide a recommendation to the State. Since this is your first violation and it is a technical violation, the State should not seek to revoke and place you in jail. In anything, they would likely be inclined to reinstate and extend the probation term, imposing additional requirements and treatment, as well. You certainly want to continue to follow up with your PO and cooperate in the matter, hoping that no action will be taken with the courts. However, it may happen, at which you point need to defend the violation or seek to resolve it, with the minimum repercussions.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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