I got my first dwi with no prior convictions or probation. Instead of going to trial my lawyer had me to a plea deal with the scram portable breathalizer. There are specific times it goes off that I'm aware of. I took two shots at 9:44pm and didn't have to blow into the scram until 1:20. They did not make me retest and I'm hoping it was a 0.0 by the time I blew even tho it doesn't tell you. If I failed will they call me immediately? If I passed will I just not hear any feedback?
Here's an idea: Maybe don't consume alcohol until you are no longer wearing the SCRAM.
I am a former homicide prosecutor and have been an attorney for almost 20 years. I handle all criminal and traffic matters in Nassau and Suffolk County. Any comments here are not legal advice but are posted purely for educational purposes. There is no attorney-client relationship created by any of my comments.
The IID monitor for the county will make the decision to violate you or not. If the BAC is too high (usually .05 or higher) or multiple smaller BAC fails over .01 they will.
Some judges will tell you on the CD if you blow this specific BAC I will violate you. Your attorney could also call the monitor and get the readings. It's a process, doesn't happen overnight because the readings are usually delayed to the monitor..
Lawrence (Larry) Newman, D.C., J.D. Attorney at Law Doctor of Chiropractic Licensed in NY, PA, NJ, & FL The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Dr. Newman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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