Yes, you need an attorney. Your attorney will probably tell you not to admit to anything; but consult with them first. Try, also, to think about this from the point of view of the Court and the probation officer: what is more likely, to them - that a test was wrong; or that someone on probation lied about a violation? To them, the latter will be far more likely. You will have to have some argument beyond your bare word. Your lawyer will help you with this.
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If you have a false positive then you should contest the result. Hire a lawyer. Ask for a second test. Get an independent test. Once you admit, there is no going back.
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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com
Should you sign an incriminating statement that will be used to convict you, put you in jail, cause a 1-year license suspension, and at least $1000 fine? Probably not -- get a good local DUII lawyer, now! You can't afford not to.
I see this happen alot and its due to the type of UA they're giving you. You're either coming up as a false positive or you are being incidentally exposed to a product with alcohol in it. These new EtG and EtS UAs they are using are causing people who are not drinking but who are using a product with alcohol in it to come up positive. Do research on EtG. Don't admit to something you didn't do and get an attorney familiar with these EtG tests. You shouldn't be booted out of diversion just because you came up positive on the EtG tests. Be mindful though. You must pay attention to what you are handling and consuming. Don't use mouthwash, cough syrup with alcohol in it, hand sanitizers are almost 65% alcohol. Cleaning products have alcohol in them. Use gloves and a mask when coming into contact with these products. This will help prevent a positive UA for incidental exposure.
I am licensed to practice law in Oregon only. If you are seeking legal advice, please contact my office to schedule a consultation to discuss the facts of your case. Any comments made through Avvo are based on the very limited information provided and should not be construed as legal advice or the establishment of an attorney/client relationship.