What should I do if I failed a breathalizer? (Im currently on probation for a 2nd DUI and this is the second time failing)

Asked almost 2 years ago - Utica, MI

I have been on probation for a year and a half already.

Attorney answers (8)

  1. 4

    Lawyers agree

    Answered . Considering this is your second time failing the breathalyzer while on probation, you should immediately hire an attorney to assist you throughout the process, as you are certainly facing the likelihood of substantial jail time. Perhaps offering to pay for and maintain an alcohol tether (with 24/7 monitoring) will persuade a judge not to impose jail. Make sure your AA attendance (if ordered by the Court) is up-to-date and verified.

  2. 5

    Lawyers agree

    Answered . Since you are on probation for a second violation you need to immediately contact a good MI criminal attorney who is familiar with the local court system; DUI matters; violation of probations etc. Good luck

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  3. 3

    Lawyers agree

    Answered . You need to hire a criminal defense attorney as soon as possible and depending on the terms of your probation you may have to report it to your PO.

    Tara Nichol is licensed only in the State of Michigan. All answers provided relate only to Michigan law and are... more
  4. 3

    Lawyers agree

    Answered . Remember that an OWI 2nd carries a 1 year maximum. That maximum continues to hang over you while on probation. Presuming that your breath tests are a condition of your probation, the court is likely to show cause you for violation of probation for positive tests as well as continued alcohol use. Given you exposure to significant jail time, it would be in your best interests to consult counsel on how best to mitigate your circumstances.

  5. 2

    Lawyers agree

    Answered . I agree with the other lawyers, your only smart alternative is to hire a good OWI defense attorney to help you. Given that you've been on probation for a year and a half without a problem, your new violation should be manageable. If your lawyer is proactive and experienced at handling these cases, he or she should be able to keep you out of jail.

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  6. 3

    Lawyers agree

    Answered . Whenever you have a serious probation violation it's important to hire an experienced local lawyer early in the process. If you get to the judge early enough you may be able to get a much better result.
    Austin Probation Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  7. Answered . Hire an attorney immediately. You are looking at jail time here. You need a proactive attorney who knows what they are doing.

    Kennedy Law Office, PLLC
    Free Consultations

    Disclaimer: No attorney-client relationship has been established. Please contact an attorney about your legal... more
  8. Answered . You should immediately stop drinking and make sure you do not fail a breathalizer again. Many people get down on themselves after a failure. They anticipate the worst and give up. Next, you should hire an experience attorney who can listen to the facts, circumstances of your situation and help form the best plan to either defend yourself at a hearing or prepare "your story" presenation to the court. Either way, you are going to have to defend the reported violation or plead guilty to it. It is impossible for an attorney to give you the best possbile professional advice unless one knows more information particualr to you and your case. However, most violoation result in the persons probation being viloated. Therefore, you shouls also start preparing "your story" What happened? Why it happened? and How you have corrected behavior that lead to the violation?
    The judge wont believe you or will not care and want or need to be punative (jail) So, you can start to research options, such as an alochol tether or if your issue is bad enought, inpatient.
    Even if there is a strong chance that you will go to jail (and there is) an attorney may be able to help you evaluate your probation status and if you go to jail, ask the judge to terminate your probation and release you from probation after you are released from jail. Good luck!

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Probation for DUI

DUI probation is intended to deter future drunk driving by establishing conditions that the offender must follow or face further punishment.

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