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  #1  
Old 09-30-2008, 11:21 PM
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Join Date: Sep 2005
Posts: 3

probation violation


What is the name of your state (only U.S. law)? MI
I have random breath testing for my probation. I have to call in everyday and sometimes go in 2 to 3 times a week to do a breath test.
Is it better to not show up at all or go in and blow if I know I will blow positive but below the legal limit? I figure If I blow positive that is evidence against me. But then the judge also said if I don't show up I could go to jail.

Also wondering I did make this mistake above. I was celebrating a birthday at my home so I knew I wasn't going to drive or be at risk. I had just gone in that day to blow and thought the odds of having to randomly blow the next day were 0 but of course I had too. I only had a few drinks but my breath test was positive. I violated my probation what is going to happen. What should I do now to keep my job and keep from having to go to jail. I know I made the mistake and want to minimize future risks. I was orginally charged with DUI which was dropped to OWVI. I orginally blew over the limit but at the random test it was under.

Last edited by kmpfiredup; 09-30-2008 at 11:24 PM.
  #2  
Old 10-01-2008, 07:59 AM
Senior Member
 
Join Date: Feb 2007
Posts: 8,272
We can't advocate that you violate the law or give you advice on how to dodge the terms of your probation. If a condition is that you do not drink, do not drink.
  #3  
Old 10-01-2008, 08:15 PM
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Join Date: Jan 2007
Location: Michigan
Posts: 5,162
If you violate the terms of your probation, or have already violated the terms of your probation, there will be a show cause hearing. A violation not only includes failing a mandated breath test but also missing a mandated breath test. Either way there will be a hearing to determine if your probation should be revoked.

If you miss the show-cause hearing, then a warrant will be issued for your arrest.

It is obviously best not to violate any of the terms of your probation. If you are not supposed to drink during your probationary period, you don't drink. Simple. If you drink and your probation is revoked, you will be sentenced on the original charge. And there is a real possibility of jail time.

If you are finding you are unable to control your drinking, even when it is a condition of probation and so much is riding on your staying away from alcohol, I suggest you seek alcohol treatment immediately. I am surprised treatment, or alcohol education classes, were not ordered as part of your probation (or that, if they were, you have not learned anything from them. . .).
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