One violation happened and I blew an hour later and was fine. The next three were in the same night. The second violation was about 15 minutes after the first. The third was at least 30 minutes later. I know that isn't going to look good. Tonight, I blew a violation and got the 72 hour lockout message. The red light is flashing on the device. What should I expect?
I am not licensed in Tennessee, so out of respect for any experienced criminal defense attorney from TN that answers, read his or her answer first. My answer is that you should expect a VOP. Talk to your attorney who represented you on the underlying DUI. Best of luck to you.
Most probation agreements I have read say that you may not use alcohol to excess. Some have special conditions that prohibit any use of alcohol. I would look at the terms and conditions of your probation to determine which category you fall under. The situation you described could certainly be interpreted as using alcohol "to excess" and, obviously, show you had been using alcohol. While I have yet to see a case where a person was violated based solely upon a "lock out" from an ignition interlock device (and I have handled many DUI cases), the day is certainly coming when it will be a common reason for a violation. I can also say, with great certainty, that I know a number of judges who would not hesitate to sign a warrant on the facts you described.
It really depends on your probation officer. They get the reports on if you blew over 0.02. Some probation officers read those reports and will violate you. Some throw the reports away and don't care about them. Also, depends on if you were not allowed to drink as part of your probation. If you are allowed to drink, technically, they cannot violate you, but some probation officers still will violate you anyway.
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