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I failed my interlock but I am not on probation what happens?

West Chester, OH |

I know it sounds weird but I have failed my interlock several times due to drinking the night before so it was above .02 but not above .08.... I had a summons about a year ago for the same thing although the fails were not due to alcohol consumption they were from mouthwash, hair product and other random things... I went in front of the judge told him that so he had the interlock people come and explain that I was telling the truth. At that time my probation officer recommended I be released form probation and the judge agreed to sign off on it, I then asked if I could get my license back and he said no just continue with the same privileges with the interlock on. I am just wondering what exactly can I get in trouble for worst case scenario if I explain what happened?

Attorney Answers 3

  1. It depends on what your status is with probation. Do you have time hanging over your head? Meaning, can the judge reimpose previously suspended jail time? Did the judge merely place you on "inactive" probation, instead of "active" probation. Although on "inactive" probation, you may think you are off probation, because you no longer report to a probation officer, it is possible that the judge said "no similar offenses for "x" years," and that is a condition of your probation. You will need to find out the answers to those questions before any attorney could give you a definite answer to what could happen to you.

    Additionally, how long is your driver's license suspended for? Another consequence is that the judge could revoke your driving privileges, and you could be without driving privileges.

    Attorney Mark A. Deters
    Deters Law LLC
    (937) 224-1100

  2. If you are no longer on probation, there is nothing that can be done. Was probation modified to non-reporting status or terminated?

    If you are beyond the minimum madatory period of suspension for your offense, it is possible to get back in front of the judge and ask to terminate the suspension - this may or may not be granted in light of the recent failures.

    My office is in West Chester and I am familiar with all of the surrounding courts - there is no consistency amongst them. You should contact someone to discuss the possibility of terminating the suspension.

  3. If you are no longer on probation, the only thing the judge can do is modify or terminate your driving privileges.

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