I just got my first dwi and I have probation for a year, I've already been on it for four months and have had the interlock for 3, going on four and I have that for 6 months. I was drinking on a Friday night and the next Saturday afternoon I had a "violation" it didn't say failed test. Just that. It's my first one. What should I expect to happen?
All POs and judges handle this differently. If no alcohol is a condition of your probation, they will be even more upset. The first question is whether the PO will even violate you or just give you a warning in the field. That is usually up to her unless she has strict orders from your judge to be notified of every violation. If she does violate you, you need to hire an attorney to handle this. A warrant will be issued for your arrest.
In that situation, the judge may just admonish you that it better never happen again, he may punish you with a few days in jail, he may order another alcohol evaluation and possible increased conditions, or any number of other outcomes. The bottom line is, you need to take your probation more seriously if you want to stay out of jail.
Please stop drinking while you are on probation. Any interlock violation is automatically reported to the Judge. As Mrs. Jagger's said,a lot depends on the Judge and the Probation Officer. They could file a Motion to Revoke, or they could just haul you into court and admonish you. If I were you, I would consult the attorney who got the probation. I would hope they knew the policies of the court you appeared in. Hope this helps.
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