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How to get out of probation violation
Anonymous5 views3 answers
My first dui offense in Michigan. I am on probation for a year. I have an interlock device on my car. I just got a letter saying I had a failed test. There is no way I failed this test because I have not drank alcohol. I have had to retake tests from not blowing right..how do I prove this? and am I going to have to serve 90 days and lose my job?
Are they saying you failed the test because it detected alcohol, or because it was not administered properly due to not receiving results? I'm not sure how things work in Michigan, but in Colorado, if it looks like you are trying to alter the tests, for example by submitting dilute urine, they could go after you for that, even if no alcohol is detected. Have you tried discussing your testing issues with your probation officer? If you are on probation, its probably best to work with your PO since they are the ones who would initiate a complaint against you for non-compliance, but if they think you are trying to comply, they can show you leniency when issues arise.
There are things that can cause a positive reading on an interlock, other than drinking alcohol. You need to consult with an attorney right away. If the alleged failed test is fairly recent, an ETG test would be advisable. The consequences for a probation violation depend on many factors, including prior record and cooperation with probation up to this point, but if this is a first violation, even if the court does not accept your contention that you were not drinking, it is not a certainty that you would go to jail for ninety days. Talk with an attorney at once! Sincerely, Frank B. Ford
There are approximately 150 Million, that's MILLION, drug tests per year across the US. Five to ten percent produce false positives. The details of your test must be gone over by an attorney thoroughly, and perhaps an expert needs to be hired. Hire criminal defense counsel.
