I am on probation for dui and have been instructed not to drink. Will Lifesafer interlock report this failed test to my po? I stupidly drank (the night before I failed) and only had to move my car in the morning to the other side of the driveway to unblock another car. What consequences will I face? Will DPS notify courts or po? Or will po be notified? I'm terrified.
There is no guarantee that it will get reported. I have had several clients fail tests and not suffer any consequences. That being said, you do need to be concerned. You should keep in mind that these devices often and actually frequently provide false positives. I would consult an attorney for advice on how to specifically handle this issue before talking to your probation officer or any other DPS person about the alleged failure. Good luck.
There is a chance your PO will find out. You are smart to be concerned and your best step would be to work with an attorney to prepare for any possible probation violation.
Also, I must caution you not to post specific facts about the case online. These posts are not protected and you have made some incriminating statements in your post. You don't want this to be used against you down the road.
If you are sanctioned by DPS, you may face a 90 day ignition interlock extension. That only applies if you were merely revoked prior to starting II, rather than canceled inimical to public safety. You should get a lawyer retained now.
Do not rely on this information. My office accepts clients from Avvo, but this initial impression is not protected by any privilege and is not attorney-client communication. You should consult a lawyer promptly about your legal matter.
No one here can predict exact outcome. If the matter is reported you likely face an extension of the program for an additional 90 days. I suggest you do confer privately with an experienced attorney at this time so she/he may advise you and assist you. You ought not post details of your issue on a public website. Tricia Dwyer Esq.
MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
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