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I failed an alcohol breath test for the first time when I went to see my probation officer. What can they do? Have prior DUI's.

Kent, WA |
Attorney answers 3


If you sre picked up on the warrant, rather than surrender voluntarily, you will probably be remanded until you are brought before a judge. Contact your lawyer and make arrangements to appear voluntarily to cut your losses. Ask your lawyer about treatment, and make up your mind what your future will be; in/out of court, or sobriety.


You will need to have your attorney schedule a warrant quash hearing. At that hearing, you will probably get a new date for your probation violation hearing. You will need to appear at the next violation hearing. At the violation hearing, the judge will consider whether the low reading was a violation of your probation, and if so, what sanction to impose. Sanctions can include jail time, extended probation, or just about anything else.

It is better to deal with these issues directly. If you try to avoid them, and get bench warrants issued for your arrest, things will only look worse for you in front of the judge.


At this point, the best thing for you to do is quash the warrant if you can. However, chances are you will have to turn yourself in voluntarily. The judge can find that you have violated probation and impose sanctions including jail time, community service, longer probation, fines or other conditions. If you are in treatment, continue doing so. If you do not have counsel, you will need to obtain an attorney to assist you in dealing with these potential probation violations.