I was convicted on deferred sentence on a misdemeanor DUI in the state of New Mexico early this year. Last week, I was granted early termination of my probation (before even half my probation was served) from a motion I filed and I was released of any obligations to the courts, whatsoever. I have not had a single violation of alcohol use for my ignition interlock. Of course, up until now I was not allowed to even drink alcohol or be in an alcohol establishment. I was told I must continue to keep the interlock in my vehicle for 1 year if I wish to continue to drive and there is nothing that the courts can do to mitigate this.
I want know what could happen to me if the interlock detects alcohol on my breath and if there are any options to get my interlock restriction taken away.
Criminal Defense Attorney
It is not the court requiring it, but rather DMV. You need to contact Mandatory Action for DMV in your state to inquire. If it detects alcohol your probation certainly won't be violated, but there may be DMV consequences.
The information provided is not intended as legal advice and does not establish an attorney client relationship. If you are in the greater Sacramento area and wish a further consultation please contact me at (916)594-9442.