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How will my probation officer handle one failed start with an interlock device when my probation includes NO alcohol on 1st DWAI

Aurora, CO |

on probation for 8 months - no jail time with original DUI reduced to DWAI. Currently 4 months have passed and had one failed start.

Attorney Answers 4

Posted

A failed start on you interlock is most likely considered a technical violation. Probation officers generally have some discretion on which technical violations to report to the judge. What your PO decides to do will depend on how you've handled the other requirements of your probation. In my jurisdiction a person is not formally violated until the third interlock failure. However, you have two strikes in one. Not only did the interlock fail, but now there is evidence of alcohol consumption which is also a violation. Before your next visit, I would complete every condition of probation possible (community service hours, courses, fines etc.). If you look to be taking the probation seriously, the PO may cut you some slack for this incident.

It would be wise to consult a local attorney before your next probation visit. S/he will be able to tell you exactly what you can expect. You should be careful making any statements to your probation officer regarding the failed test. Statements to probation officers can often be used against you in violation of probation hearings.

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1 comment

Asker

Posted

I have completed everything and just got my interlock and failed..I have to give a print out every month to PO and left message for her and called interlock to let them know. I live in GA. Will I go to jail?

Posted

Usually probation officers are not involved with the interlock. DMV is. Also, interlocks can register positive for other substances or sources. I had a client who used mouthwash register positive this week.

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Posted

You need to convince the probationer to not notify the Court. if the Court is notified you will have problems requiring a lawyer.

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Posted

The Probation Officer should not find out about the failed BAC. The DMV is the only entity that is notified regarding interlock issues. You may have problems with the DMV and subsequently have your interlock restriction extended due to positive BAC's, but your Probation Officer should not be notified of this issue.

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