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Can a bac level of 0.006 drop to 0.000 in 15 minutes ?

Lansing, MI |

I had a positive reading on a random breath test i am on probation was due to be discharged April 9th now facing a violation.. i was surprised but not too concerned at the time because i had not been drinking . after talking to my probation agent i am concerned and need to find out something about this.and what advice i can get.
thank you in advance

Attorney Answers 4

Posted

Based on the numbers you indicate above, it appears to me to be all zeros for both tests. Unless you meant 0.06 and 0.00? Because generally, the thousandth digit is not considered. Either way, I suggest you have an attorney at your side if your P.O. does schedule a probation violation hearing. It would be disheartening to be this close to the end and have them violate you, especially if you were not drinking. I wish you luck!

The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.

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Asker

Posted

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 early discharge rescinded when i wouldn't confess.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

Posted

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!!

Asker

Posted

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

Posted

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!

Posted

0.006 (unless you meant 0.06) is extremely low, and I would think beyond the statistical limits of the instrument's validity. Therefore, a drop to 0.000 is similarly meaningless. I agree with my colleague that seeing an attorney very familiar with drunk driving would be a good idea. You can search on AVVO for Lansing and East Lansing and look for OWI, DWI, drunk driving, etc. The OWI attorneys are extremely familiar with breath testing.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

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Posted

Hiring an attorney to help with the Probation Violation will be worthwhile.

However, before you do that - if this happened in the last 72-80 hours you need to drop everything and find a lab that does "ETG Testing" (I know for a fact that there are at least a couple in Lansing that do this type of testing). The test won't necessarily be cheap, but if you haven't consumed any alcohol in the past 72-80 hours than the ETG should come back negative for alcohol metabolites in your system. This would be helpful evidence for you and your attorney to have in pocket when you attend your Probation Violation hearing in the next couple of weeks.

Best of Luck.

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

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Posted

would have been helpful for them to order an etg test if i had consumed eh ? has been almost 10 days back now thank you all for your posts .

Becket J. Jones

Becket J. Jones

Posted

ETG test are too expensive for a probation office to administer frequently, which is one of the reasons you have to go to a private lab. Hope you are able to explain the situation to a Judge. Best of Luck.

Asker

Posted

i thought they were only around 35 dollars but its been way to long now

Becket J. Jones

Becket J. Jones

Posted

The cost of a 5 panel drug screen is usually in the $35 range in my experience with referring clients to different labs. However, ETG testing is a slightly different animal, as not every lab offers the testing. In my experience ETG testing is usually more than $35 per test. Further, from a probation office / court administration perspective - $35 per test is VERY expensive. Especially when the probation office is in charge of looking over the shoulder of a few hundred individuals - the dollars add up quickly. Either way, I hope your issue has or will work itself out in the end.

Posted

Like the other attorneys, I want to know your actual number. I think that you mean .06. You need a criminal defense attorney who handles probation violations. For a breathalyser test to be accurate it must be properly calibrated. There are other medical conditions that can result in a BAC reading. I handle drunk driving and probation cases, and I am available for a free consultation. (517)402-5229

If you are seeking legal advice, you should contact an attorney. Neither use of the information on this page nor an email to this office establishes an attorney-client relationship. Such relationship can only be established by an express agreement.

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Posted

the numbers are correct that is how they were entered on the page any way at a.d.a.m . there were actually 3 tests the first one was slower to to finish than usual and did display 0.00 the tech then got an instruction form and reset the machine entering in my id number and asked me to confirm my birth day was correct then i took the second test and the display was 0,006 and then 0.000 after the wait period.

John William Toivonen

John William Toivonen

Posted

The juvenile standard for legal intoxication is .02. Now your order from the court probably says no alcohol. But .006 is so low that calibration of the machine could play a role. Using mouthwash with alcohol and them immediately checking BAC with the breathalyzer can result in a .02. I know that your order almost certainly says no mouthwash with alcohol. However, ..006 could result from any number of issues over which you have no control. A health condition can easily raise a BAC by .02 or more. I am willing to speak with you to see if I can help you. >

Edward Jacob Sternisha

Edward Jacob Sternisha

Posted

I agree with Attorney Toivonen and reccomend him. You DO need help with this one. Good Luck!

Asker

Posted

i requested a copy of my orders more than once back in june i never received it so i cant tell you whats in it i called you to day and left a message sust reported to probation and was informed they will extend my probation for 1 year and order scram monitor for 90 days can you help me? i dont have tons of money there cleaning me out.but the scram alone will cost another 1200.00

Asker

Posted

i reported today at probation some how they had failed to have me sign my original probation orders and i had to sign them today ive been on probation for a year can that in any help me with a prior violation

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