A violation from Smart Start In-HOM breathalyzer?

Asked over 3 years ago - Cedar Park, TX

Hi,

Alleged DWI bond required an At Home Breathalyzer by Judge. Ever since I got this machine, PASS and only PASS. Last night, I fell asleep about 9. I set my alarm to do the 10 o'clock. Got out of bed and blew, VIOL came across. I panicked, I immediately blew again, VIOL, and again, VIOL. Then, went to the bathroom and rinsed mouth out with water, came back to an error message that said, RECALLING FUEL CELLS in all RED letters. I waited about 15 minutes until that message finally left the LCD screen, blew immediately and was PASS, blew probably 10 more times, all PASS. I called Smart Start today and told them the exact story, he couldn't give me much advice. I'm sick with worry. I called my attorney and of course he hasn't called me back. I'm so scared. I had zero alcohol,

Attorney answers (3)

  1. Graham Thayer Williamson II

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You should expect that the Judge will give your attorney a call. Most likely, you will need to go to court and explain what happened to the Judge. Best of luck

  2. Kelly W. Case

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Most judges know that these machines are not the most reliable. If this is your first violation, there will probably not be too much to worry about. I don't know of any court or pretrial services officer that would recommend a violation on a one time violation.

    However, contact your lawyer and verify that there will not be significant consequences.

    Good luck.

  3. Gene Raymond Beaty

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Your panic was smart and you seem to have done the right thing, except you need to talk to the probation officer responsible for monitoring interlock. It may be your regular probation, so that's the place to start unless you have already been dealing with someone. You want to head this off before it is referred to the judge, if you can. It is not good for the judge to see you in court. Once the judge starts recognizing you, life is not going well. But as the attorney said before, it it gets to court, you will need to explain your situation. Unfortunately, my experience has not been as good as his apparently because I have seen judge thrown someone in jail for one violation, so you must be careful. Most judges give you one alleged violation, but then they don't remember whether it was a situation that is defensible like this one and just count to 2 and throw you in jail. So not pretty, do keep calling to talk to your lawyer or get one that will talk to you.

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