Missed blow sample on a in home Intoxalock device. First missed blow. Should I be concern and how should I deal with it?

Asked over 1 year ago - League City, TX

I have a In Home Intoxalock device. I have had a in home device for 11 months. Since, I have had the device I haven't had a violation or a miss a sample. Yesterday, I missed my 5pm to 8pm blow sample. I realized at 8:22pm that I didn’t provide sample. I blow in the device right away and had a pass sample. I called and left a message to my PO. I also e-mailed her with information of what I was doing between the time frame 5pm to 8pm. If anyone is familiar with Court 14 in Harris County on this matter. I will highly appreciate any advice. I currently have 2 DWI's. I just compeleted my first offense probation. So, I am only on one probation as of now.

Attorney answers (2)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    1

    Lawyer agrees

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    Answered . One missed blow after 11 months is probably not cause for a violation. You did the right thing by notifying your PO immediately. And obviously it helps that you blew 000s shortly outside of the window. This will put you on thin ice for awhile, so continue to be diligent about your device.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Richard Timothy Jones

    Contributor Level 17

    Answered . As an Austin DWI lawyer with 20 years of experience, one missed blow is probably not an issue. You do need to discuss this with your probation officer. Be sure you are current with all your other conditions of supervision

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more

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