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Accused of failing a breathalyzer

Royal Oak, MI |

Im on daily breathalyzers last weekend I did one and the PO told me I blew numbers I never saw the breathalyzer result or was told what I supposedly blew.They told me to sit down and 10 minutes later they gave me another test and I obviously blew 0s and they let me walk out and leave.I told them I had not been drinking and they still accused me.Is it possible the breathalyzer was messed up how come the second breathalyzer was fine? Can I fight this?

Attorney Answers 5

Posted

They likely did two tests to see if the alcohol in your mouth dissipated sufficiently to indicate something harmless, like mouthwash. Have they already told you that they are going to violate you? If so, I would kindly but strongly recommend you ASAP consult with a local attorney like myself to assess all your options and potential defenses. If you are "show caused" for allegedly violating your Probation, you could be jailed, so please be careful! Warmest regards, Matt Catchick. 248-606-5522.

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Posted

You said you are accused of failing a breathalyzer, however the only real issue is whether they have filed for a formal probation violation. If they haven't filed a formal probation violation, than it would appear there is no ongoing issue between you and probation.

Now, if there is a formal probation violation matter to be dealt with, than you may need to touch base with an attorney in the near future. If the alleged alcohol use was in the past 72-80 hours than you should contact a lab that does ETG testing and request a test immediately. If the incident occurred more than 80 hours ago, than you will not be able to scientifically prove that you were not drinking outside of the PBT device results themselves.

Best of Luck.

An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney.

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7 comments

Asker

Posted

I have not had a lawyer through this whole situation the PO threatned to send me to jail for lying so I told her I did have a couple beers which I had but with the time frame there is no way it would have shown.But thoughr the

Asker

Posted

But I thought the second test would prove that the first one could have been wrong.

Asker

Posted

There has not been a mention of a probation violation. I dont know if thats because I did say I had a couple beers but I was 10 days short of completing all 90 days of my breathalyzers when this happened and ive always passed every one

Becket J. Jones

Becket J. Jones

Posted

My best advice would be to wait and see if you are charged with a probation violation. If you are charged, you should immediately consult with a local criminal defense attorney. Best.

Asker

Posted

I met with the head probation officer the day after this happened there was no mention of a probation violation he just immediately talked down to me and also kept accusing me of things and threatning me. They then put me on a Soberlink device to test for pbts 3 times a day for 90 days.I feel this is all unfair

Asker

Posted

He never asked me if I had drank anything or not just started threatning me will jail to confess to something.I dont understand how my second negative test was never brought up there could have been a number of mistakes instead they bullied me into admitting anything to get me in trouble.What can a lawyer possibley do about this?

Becket J. Jones

Becket J. Jones

Posted

Again, unless you are charged with a probation violation, then there is little that can likely be done. As a probationer / parolee you are afforded less constitutional protections than a normal every day Joe. While I personally and professionally frown upon the tactic of patronizing and intimidating an individual into an admission, unless there are charges that flow from it I am not sure there is much recourse here. You certainly have the right to counsel, who can review the incident and research case law to see if there are any grounds to have the decision to install a soberlink device revisited by a Judge. However, without knowing far more information than can be shared on an open online forum I cannot tell you more than I already have. (And please don't share any more details, as this is again an open online forum). If you want to pursue this issue, my best and only advice is to consult with an ultimately retain competent, local criminal defense counsel in this matter. I wish you the best moving forward.

Posted

Breath tests can absolutely be inaccurate in both the function of the machine and through operator error. That being said, I agree with my colleagues above. If your parole is violated hire a local attorney ASAP.

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1 comment

Asker

Posted

Is there anything I can do to fight the positive breathalyzer test still? I have a review with the judge in a month.That has been scheduled since march

Posted

The best way to fight this is to go to a private lab and get an ETG ASAP. That test should go back 72 hours and will protect you if they violate you.

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4 comments

Asker

Posted

Im in the process right now of getting a lawyer to represent me.I realize how much of a huge mistake it was not having one this whole time I have a monthly meeting with my PO next week what do you think will happen can I be arrested that day?

Asker

Posted

Like I said my PO never mentioned anything to me yet about a violation.I was just immediatly put on this new breathalyzer device and thats it

Scott Matthew Aaronson

Scott Matthew Aaronson

Posted

Who is your judge?

Asker

Posted

I dont know if I should answer that on here

Posted

The pbt is not that reliable especially if the police don't follow the required protocol. Not that surprising the second result was different. It is for this reason the accused need an attorney who understands the science and flaws inherent in this device.

Also, you should consult a licensed attorney in Michigan about your particular case, as this is not meant to be legal advise to you, but rather information on how our legal system operates, generally.

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Asker

Posted

I have already been looking for a lawyer because the whole thing seems very sketchy to me I need someone to help me that knows what their doing

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