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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: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year 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 1 year ago.
Should I call her and let her know
Expert:  LegalKnowledge replied 1 year 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 1 year ago.
Is their a chance she might not find out
Expert:  LegalKnowledge replied 1 year 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 1 year ago.
Would it be a good idea to get myself in aa to at least show that I'm trying
Expert:  LegalKnowledge replied 1 year 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.