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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 26749
Experience:  Active member of the NYS bar since 1989
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Please, Colorado, Not that I'm aware of, I'm on probation

Customer Question

JA: What state are you in? It matters because laws vary by location.
Customer: Colorado
JA: Has anything been filed or reported?
Customer: Not that I'm aware of, I'm on probation for a DUI and had my first failed interlock the other week
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 9 months ago.
Category: Legal
Expert:  Zoey, JD replied 9 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey, JD replied 9 months ago.

Alcohol is legal for an adult to drink, but it is forbidden to those on probation. In my experience, however, while one interlock failure will not please your probation officer and he will be required to lodge a violation for the technical offense, it is highly unlikely that he will revoke your probation and demand that the judge resentence you to jail or prison on the basis of that one failure. You did not, at least, get rearrested, and that's something in your favor.

Probation understands that people with alcohol dependency issues can sometimes relapse. In general, they will not revoke probation altogether for a first failure, even though they can.

Probation has a whole arsenal of possible sanctions available to them, ranging from a wrist slap (more intensive supervision, more reporting requirements, more random alcohol testing ) on the one extreme to house arrest or revoking probation outright on the other.

What they will do in your case will depend on many factors, such as your background and history and the facts and circumstances of the underlying case, how well you've been getting along with your probation officer, whether you've been in good over all compliance with the terms of your probation before the violation or whether you've given them trouble before (and how much of it).

These aren't all of the measuring sticks that will help probation to decide how to handle you, but you get the picture. It will all come down to whether probation thinks that working with you will ultimately turn you into a successful probationer and a productive citizen or whether they think you never will get the message and will want to wash their hands of you. In my experience, for a first interlock failure, they will not be ready to give up on you.

So there a lot of variables which presently I can only guess at. But if you're violated, you'll be entitled to a hearing. You should notify your lawyer so that if probation and the DA are asking for for a revocation of probation and a resentencing, someone can make a good argument for continuing your probation, even if it would have to require house arrest or treatment.

Expert:  Zoey, JD replied 9 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.