Blew a pass, it was cold so I went inside and brushed my teeth and rinsed with alcohol free Crest mouthwash. Went to work and had to blow again 3 or 5 minutes down the road and it registered fail. Is this a probation violation?
Your probation officer may or may not review information from your interlock device. A single fail probably will not lead to a violation. Repeated fails would likely be reported and lead to a violation. It's generally best to be above board with your probation officer. I wouldn't bring it up out of the blue, but if you are asked about it just tell him or her what happened. If your PO does file a violation, get a lawyer.
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I don't know why your interlock device would not allow you to start your vehicle when you rinsed with something that is "alcohol free". That doesn't make much sense to me. When you are on probation, you need to take extra steps to ensure that you don't violate any rules or even appear to violate any rules. If you are having problems with your mouthwash, don't use it anymore (until you are off probation). If I was your probation agent and I thought you were violating your rules by drinking, I would read the downloaded information from your interlock device. If this happens, how are you going to explain this to your agent? It is always better not to have to explain it. You may want to think about whether you are being honest with yourself and others about this situation. If you have nothing to hide, then do you want to tell your agent about this situation and get out in front of it, or do you want to hope that your agent fails to look at the downloaded information and it never becomes an issue? This is a tough question. I guess it depends upon how well you have done on probation to this point. If you have been on probation for several months without any problems and you have a great relationship with your agent, you might want to tell the agent what happened and ask your agent for advice on how to deal with this going forward. Good luck.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of the Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
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