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
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!
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Criminal Defense Attorney
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.
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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.
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Criminal Defense Attorney
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
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