My friend rec'd an alcohol violation on the guardian interlock machine she blows in to start the car.She is current on all fees, fines, classes, and reports. She has no other violations. She obtained an 8 yr sentence probated 5 yrs, with the 2nd DWI probation revocation (Dallas Co) sentence extended and run concurrent with the Williamson Co. 3rd DWI. The probation ofcr has had her blowing twice a day for a week or so. She blows into the machine a.m. and p.m. , eventhough she is not driving the car. This woman is a degreed professional, well respected, and is accustomed to positions of authority. She is in a position of upper management in a large corporation, and is responsible in every other aspect. What could the ramifications be and what should she expect?
Any violation is very serious given her situation, and the county in which she is on probation. She could be revoked and sent to prison.
If this ever happens again, she should IMMEDIATELY go to a local lab testing place and have a check done to demonstrate that she has not been drinking. She should immediately contact her p.o. and discuss the situation. And, if she is not drinking, she needs to review everything in her medicine and other cabinets and make sure nothing contains alcohol.
Your friend also needs to understand that anything she says to her PO can be used against her. Admitting a probation violation is bad. Denying a probation violation that is later proved true is almost worse. I agree if the interlock machine is malfunctioning, she should address this immediately with her probation officer. If the machine is not malfunctioning, she is placing herself at great risk. Williamson County has a reputation for sending people to prison. She may need a qualified criminal defense lawyer to help her.
Rather than having a friend research this issue on the Internet, your friend should be in contact with qualified counsel without delay, especially given what could be at stake. While I'm obviously not in a position to be of assistance, I do know thoroughly qualified counsel in Austin. If you or she is interested, reach out to me and I can get you in contact with him. Good luck.
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