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My Probation officer just imformed me that she got a report showing my violation of probation. How do I stay out of jail?

Austin, TX |

My PO just called and told me to come in tomorrow for drug/alcohol testing since she was informed of my recent PI while on probation for "obstruction of a passageway", plead down from a DWI (I ha. Is there any way to convince her not to revoke my probation and send me to jail? She told me she has not issued a warrant for my arrest "yet". Also, I denied drinking that night since I got the PI when my friend was pulled over for DWI, passed the test but was taken in for a PI. He mouthed off to the cop which didn't help our situation.I admitted to the officer that I was on probation and was taken in as well. I told my PO that I smelled of liquor because we kissed and he was drinking, not I. Thus, my second question is if Texas uses ETG urine tests that will show alcohol in my system up to 5 day

She did not order an MTR, yet. but I'm concerned that if she uses a ETG alcohol test on me, she will find alcohol in my system and have me arrested when/if I fail. An ETG test can detect alcohol up to 80 hours...and I did have a glass of wine a couple of nights ago. I don't want to have to admit this to her. If she uses a standard alcohol test, I'm fine since I haven't had any alcohol in the last 24 hours. I contacted my attorney and she siply told me to call her if I get arrested. Do you know what kinda of alcohol testt they will use in this case? usually, I just do a breathalizer. But since she's asking me to come in for testing, I aaume she's not going to use something as simple as a breathalizer. Any thoughts?

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Attorney answers 2


Contact your attorney sinc they may file an MTR, and you need to have your attorney talk to your PO.


At least in Travis and surrounding counties, I haven't seen any urine tests for alcohol at probation. As you stated, they typically only administer a breath test. In your situation, they may still test your urine for other substances just to cover all their bases. You'd probably be better off not making any additional statements to your PO about the details of your PI arrest. I think you'd rather be in a position to argue that the cop arrested you for PI because your friend was a jerk to the cop and the cop wanted to try to undercut your credibility as a potential witness for your friend on his DWI. Instead one is left wonderng exaclty how much ethanol passed from your frinend's mouth to yours that the cop could smell it as strongly as he will undoubtedly say he could.

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