Terms of probation included chemical dependency treatment (which I completed) and no alcohol-related traffic offenses. Does the DPS report to unsupervised probation for a first offense? If I have jail time stayed, will that be on the table now? Thanks for your help.
The failed interlock test is likey to result in an extensionof the required interlock usage before reinattement of your regular license.
Depending on the nature of the failed reading, it may also result in a probation violation (though generally, it takes more than one failed test) where a Judge may impose any jail time previously stayed or require additional probationary requiremmenyts, such as new treatment or aftercare.
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I doubt that a failed interlock test will result in any probation consequences. The interlock device is a condition for being able to have a limited driver's license. So a failure on the device will likely affect your license. Most first time offenders do not have a condition of no use of alcohol as part of probation, so your use of alcohol is of no consequence there.
Blowing a fail on an interlock is not an alcohol offense in and of itself. So this should not be a probation violation. In the unlikely event that they try to make this a violation, they are required to notify you in writing and give you a chance to get a lawyer. So you should not worry yourself too much about a probation violation.
The 'fail' is more likely to have license consequences, not probation consequences. You may get a notification from the license people about this.
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