No photo
Asker
Posted over 3 years ago.

Yes it would that was an early discharge date po was giving me a month off for completing my requirements and no other infractions. early discharge rescinded when i wouldn't confess. there were 3 tests in all on the first the machine reacted slower than normal and displayed 0.00 the tech then used a procedure card and reset for another test this time entering in my id number. second test displayed 0.006 and 0.000 after wait period.

4008050 1460165324
Edward Jacob Sternisha, DUI / DWI Attorney - Grand Rapids, MI
Posted over 3 years ago.

This is why it would be good to have a lawyer assist you with it. Someone needs to point out the error, if there is one. All three tests show zero. A test with .006 would never get someone charged with OWI because it is showing no alcohol. Make sense? I hope you find a lawyer who can help you with this. Good Luck!!

No photo
Asker
Posted over 3 years ago.

im not charged with owi i am on probation for it and prohibited from using alcohol i didnt think it was so bad either but i reported today and my po said my probation will be extended by another year and to be put back on an alcohol tether for 3 months i am trying to find a lawyer now.

4008050 1460165324
Edward Jacob Sternisha, DUI / DWI Attorney - Grand Rapids, MI
Posted over 3 years ago.

I understand that you are not currently charged with OWI and that you are on probation for it. I am just concerned that your PO may not understand that a .006% reading is really zero so that is why I want you to have an attorney there for you. If my client was on probation for OWI and had 3 readings of 000.%, 006%, and 000%, I would argue VERY STRONGLY that there was no violation at all. The reason I mention OWI at all is because if you were pulled over and given a PBT and it read .006%, the officer would send you on your way because in Michigan, we do not consider that third digit - not to mention that there is room for error as everyone's body gives of some small percentage of reading even without alcohol. Anyway, I wish you luck. If my comments have helped, please consider rating my answers as "best" when you get a chance. Good Luck!