What will happen for failing a daily pbt?

Asked over 4 years ago - Rochester Hills, MI

court dropped my felony for 3rd owi to a misdemeanor and put off my sentencing for over 3 months until I'm finished with school. after only a month and a half of testing I failed a pbt. please help

Attorney answers (2)

  1. Joshua Blanchard

    Contributor Level 10

    Answered . The answer to your question depends on a number of facts that you didn't include in your question.

    If you've already entered a plea to misdemeanor OWI and are waiting to be sentenced, it is likely that daily PBTs are a bond condition. If that's the case, the government may pursue a bond violation and attempt to revoke your bond.

    If you haven't entered a plea yet, the government may revoke their offer to plead to a misdemeanor and pursue the original felony charge.

    You should consult with an attorney as soon as possible.

  2. Ronald S. Pichlik

    Contributor Level 18

    Answered . You need to consult with an attorney. Especially, if the original felony charge is still hanging over your head. If you are already on probation the court can consider the failed PBT a violation of probation and begin proceedings to revoke your probation. If the felony is hanging over your head than the prosecution can revoke whatever offer(s) they may have made to you. Either way, you are certainly going to need the assistance of counsel in this.

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