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How long will I go to jail for failing an alcohol screen on dui probation

Atlanta, GA |

This is the first time I've been tested

Attorney Answers 8


  1. It really depends on your judge, court system, and history. In some cases it could be the rest of your probation in others it may be a few days.

    There is no standard answer.


  2. Call the attorney who represented you for the DUI case. They are in the best position to tell you what is most likely going to happen.

    William Daley (619) 238-1905 / www.lawofficeofwilliamdaley.com


  3. This could very well be a problem. If you were in Atlanta, your case was probably in front of Judge Ward and you probably had a high BAC. This could certainly be a problem. You need to consult with your attorney.


  4. It depends on a lot of factors, but You should bet on two to four weeks.


  5. There is a possibility of jail time here, but there may be alternatives to that if you can get the probation officer and judge on board. Having a lawyer to negotiate on your behalf and present you to the judge in the best life possible can certainly help.


  6. I agree with the others that a specific answer depends upon many factors, like the judge, your choice of attorney, that attorney's rapport with the prosecutor and the judge, your prior record and on an on.

    Technically, your failure is a general violation of your probation. General violations allow the judge to revoke you for up to two years; since this is a misdemeanor (I assume it is not a felony DUI or rolled into a felony charge) and only carries a 12 month probation maximum, you are looking at whatever is left on the clock for your 12 months, or less at the judge's discretion. You need to get a lawyer and have them reach out to your probation officer in anticipation of your revocation hearing.

    Best regards,

    Steve Shewmaker


  7. It depends on several factors. You may not have to go back to jail. The judge may add treatment, community service, etc. As far as jail is concerned the worst case scenario is how long you have left on probation, or 2 years; whichever is shorter.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.


  8. This would depend on many factors some of which are:

    How long you have been on probation and violation free; your relationship with your probation officer; the standard policy of the probation department who is monitoring you; the reason you were on probation to start with; the judge/court that you were sentenced under; if you have completed all of your other conditions under probation and other factors.

    Simply, there is no easy answer to your question. I would suggestion you speak with a skilled criminal defense attorney in your area for a more specific answer to your situation.

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