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First fail on interlock with a month left of probation, will that effect my early release? Will my PO find out?

I end probation in May and I failed my interlock once for the first time. I have completed every task I have been appointed to do. I'm up for early release, I have a good relationship with my PO (whom I see once every 3 months). How will the fail effect my moving forward. Also the fail was from listerine mouth wash. I got a ride to work which is where I was going to when I failed so I have witnesses that I was not drinking or drunk

New York, NY -

Attorney Answers (5)

Christopher Irvin Simser

Christopher Irvin Simser

DUI / DWI Attorney - New York, NY
Answered

Notify your PO yourself. That is generally much better than having the news come from another source. Explain yourself as you have here.

Christopher I. Simser, Sr.
Anelli Xavier
Syracuse - Albany - Rochester
1-800-DWI-TEAM

Edwin Drantivy

Edwin Drantivy

Criminal Defense Attorney - Brooklyn, NY
Answered

Yes most likely your P.O. will find out. Keep in mind that generally it is better for you to address the issue rather than to hide it.

Scott Glen Cerbin

Scott Glen Cerbin

Criminal Defense Attorney - Brooklyn, NY
Answered

You need to notify your PO immediately. While I would like more information to better qualify this answer, in my experience one violation of this type does not generally result in a revocation. It may occasion some lesser penalty or loss of time; but I would be surprised by a revocation. However, failure to report this will likely have a very negative impact. It would be better for you to advise your PO than the IID people.

Melanie McCorkle Ellwanger

Melanie McCorkle Ellwanger

Criminal Defense Attorney - Roswell, GA
Answered

Your probation officer will likely receive a report from the Ignition Interlock Company. You should meet with a lawyer to discuss a possible revocation of your probation.

John J. Carney

John J. Carney

Criminal Defense Attorney - New York, NY
Answered

If you lie to your probation officer or fail to inform him it will be worse. The mouthwash story is something he has heard a thousand times so if it is not true do not insult his intelligence with such an obvious story. Id he likes you he will not even violate you and if he does the judge may just not allow the early release. If you are on an interlock device you should have known that any mouthwash with alcohol could effect it, but somehow I doubt that it was the reason here, but who knows, maybe it was. Either way it was a huge mistake and it may cost you the early release but probably not a jail sentence.

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