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I failed an ignition interlock test for my first time because I drank too much last night... What will happen to me now?

Hampton, VA |

Will my case manager give me a warning or am I automatically subject to go back to court and jail time?

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Attorney answers 4


A lot depends on your relationship with the case manager and how well you are doing in other areas of your probation.

Call your lawyer.

Every case and situation is different and vary greatly depending on specific facts. My posts are not to be considered complete answers to each question. My posts do not constitute an attorney/client relationship. I am only licensed to practice in the State of Florida and in federal courts. Florida Bar #337821, admitted 1982.


No way for us to crystal ball that. You are in trouble. call your lawyer immediately.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


Ultimately, it's up to your probation officer if they violate you or not. Contact your attorney to let them know what happened and discuss your facts with them.

Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


By admitting that your failed because of drinking too much puts you in a pretty bad position. That said, wait and see. If you are charged, hire an attorney. In fact, it would benefit you to talk to one before you discuss this with your case manager.

The information provided herein is intended solely for educational purposes and does not create an attorney-client relationship. Please contact a local attorney for assistance with your matter.