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Asker
Posted over 1 year ago.

Yes it would that was an early discharge date po was giving me a month off for completing my requirements and no other infractions. early discharge rescinded when i wouldn't confess. there were 3 tests in all on the first the machine reacted slower than normal and displayed 0.00 the tech then used a procedure card and reset for another test this time entering in my id number. second test displayed 0.006 and 0.000 after wait period.

Edward Jacob Sternisha
Edward Jacob Sternisha, Criminal Defense Attorney - Grand Rapids, MI
Posted over 1 year ago.

This is why it would be good to have a lawyer assist you with it. Someone needs to point out the error, if there is one. All three tests show zero. A test with .006 would never get someone charged with OWI because it is showing no alcohol. Make sense? I hope you find a lawyer who can help you with this. Good Luck!!

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Asker
Posted over 1 year ago.

im not charged with owi i am on probation for it and prohibited from using alcohol i didnt think it was so bad either but i reported today and my po said my probation will be extended by another year and to be put back on an alcohol tether for 3 months i am trying to find a lawyer now.

Edward Jacob Sternisha
Edward Jacob Sternisha, Criminal Defense Attorney - Grand Rapids, MI
Posted over 1 year ago.

I understand that you are not currently charged with OWI and that you are on probation for it. I am just concerned that your PO may not understand that a .006% reading is really zero so that is why I want you to have an attorney there for you. If my client was on probation for OWI and had 3 readings of 000.%, 006%, and 000%, I would argue VERY STRONGLY that there was no violation at all. The reason I mention OWI at all is because if you were pulled over and given a PBT and it read .006%, the officer would send you on your way because in Michigan, we do not consider that third digit - not to mention that there is room for error as everyone's body gives of some small percentage of reading even without alcohol. Anyway, I wish you luck. If my comments have helped, please consider rating my answers as "best" when you get a chance. Good Luck!