I have a review hearing today at 1:30pm.
Two years ago I was put on a deferred sentence for a DUI. Since then I have been attending alcohol treatment for the past two years, gone to my aa meetings, and haven't failed any drug tests..
My last drug test was at my treatment center a month ago and the only way I could have failed is if I had failed from using hand sanitizer on my hands the night prior.
What is going on?
Criminal Defense Attorney
Typically, a review hearing (as opposed to a violation hearing) is the court "checking in on" your case to determine whether you have complied or not. If you've been summoned to appear, it's possible that the court has some questions about that. On the other hand, if you are on a deferred sentence, and the hearing is scheduled for about the time the sentence is supposed to be up, this hearing may very well result in your guilty plea being vacated and the case dismissed.
That's the good outcome. If the court finds that you've failed to meet some condition that it set, well, what it decides to do about that is largely up to the court. Many judges will try to be flexible and simply direct you specifically to do whatever it was that you forgot, but even minor failures can result in the conviction taking up permanent residence on your official record and can technically result in severe consequences (such as some or all of your sentence getting un-suspended).
At base, this hearing will be about the court checking whether you've done what it asked. It would be a good idea to answer with documentation, if possible.
As per the Avvo terms of service, this answer is for educational purposes only and is not to be taken as legal advice or to establish a lawyer-client relationship.
Criminal Defense Attorney
Go talk with them and confront it. Staying away and not talking with them will make you look guilty. Figure out where the false positive came from.
DUI / DWI Attorney
The first thing I need is some clarification. Was your DUI for alcohol or for drugs? If this review hearing is for an alleged violation, did they find ETOH (alcohol) or did they find drugs? If alcohol, then hand sanitizer could provide a false reading. My research indicates that it would likely need to be a large amount and not a swipe of it on your hands. Did they get a level of alcohol or just evidence of its presence? Did they run a confirming test? Did they draw blood to verify and to quantify the claimed alcohol? Did you go get your own test done to disprove the allegation? Additionally, if you were in treatment for two years why haven't you comleted it? They are two years in duration at most. If this is a Deferred Prosecution rather than a Deferred sentence then no alcohol is permitted. A competent attorney can handle this. Hire one.
I am not offering legal advice and in no way does this post create an attorney-client relationship.