Skip to main content

I am on probation for 2 DWI's with 1 year left on the 2nd case. I blew a 0.41 on my in home breathlyzer. Help!

Austin, TX |

If my officer decides to issue a MTR what can happen. I am have paid off all my cases community service hours are done I have completed all my classes and have done IOP and have never failed a UA. I have had a previous positive test but have never been taken to court. I have also missed test in the past for various reasons. I did blow positive prior to this about 2 months ago and just had an admin hearing. Now what could happen. I have a good job working for the state and can pay any fees or what have you. This is my first time on probation but I am also on probation for 2 other cases besides these 2 DWI misd and 1 deferred felony. I will be off of the first DWI and the other 2 misd in 2 months. First time ever being in trouble. Please help!

+ Read More

Attorney answers 3


You need a lawyer. What's going to happen depends on who your judge is. You could be revoked or sent to inpatient treatment. Feel to contact my office.
Austin DWI Lawyer
Austin Probation Lawyer

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,


You need to hire a local attorney as soon as possible. Probation violations are treated differently from county to county and sometimes even from judge to judge. A local attorney will know which buttons to push and which buttons not to push. Also you need to make sure you stay focused and do not have any more problems. Do not let this situation lead to more violations which will only hurt your chances of staying out of jail.


You need a local lawyer ASAP. And, anyone who could blow a 0.41 has a serious drinking problem. If you realize that and admit it, and try to get help rather than avoid it, you may be able to avoid jail.

This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith 812 W. 11th Street, Suite 201 Austin TX 78701 (512) 457-0100