1st Time Probation Violation

[Legalhelpneeded612]

NY

I have been on probation for 10 months due to an intoxilock from my dwi violation. I have not had a violation since I started probation. I made a bad decision to drink at a bbq last night. I DID NOT drive home and went to bed around 1:30am. At 11am I went to start my truck and it said I blew a .04 and failed me. I did not feel highly intoxicated before I went to bed or at all this morning. I know drinking alone is a violation. My questions are: what will happen and what could a lawyer do to help my situation?

 

[not2cleverRed]

NY

I have been on probation for 10 months due to an intoxilock from my dwi violation. I have not had a violation since I started probation. I made a bad decision to drink at a bbq last night. I DID NOT drive home and went to bed around 1:30am. At 11am I went to start my truck and it said I blew a .04 and failed me. I did not feel highly intoxicated before I went to bed or at all this morning. I know drinking alone is a violation. My questions are, what will happen and what could a lawyer do to help my situation?

Well, then you know that you were in violation at the moment you picked up that drink.

It does not matter that you were not legally intoxicated; the 0.04 is proof that you provided that you violated your probation. Your violation is not a "mistake": you consciously picked up an alcohol beverage and drank it multiple times, even though you knew that you aren't supposed t be drinking it at all. You have a drinking problem.

I do not know the particulars of your case, so I can only guess at the potential consequences of this probation violation. If you enter a treatment program to address your drinking problem, that would help your lawyer in making a credible argument that you are attempting to address your problem, and ask for leniency.

 

[Legalhelpneeded612]

I am not on parole. I have never been to jail. I am mearly just trying to gage what I’m in for and wondering if paying a lawyer at this point would even help. I do not have one yet. I already know my decision was wrong and my fault. I am already seeing a therapist. I would appreciate no lectures and just an answer to my questions. Thank you.

 

[FlyingRon]

Change "parole" to "probation" in Red's post. Understand that you COULD still go to jail. In fact, this is not even really a first time probation violation. The first was your attempt to drive under the influence while under probation from your DWI.

You need to do two things:

Consult a lawyer about your legal problems.
Consult a mental health professional on your substance abuse disorder (you have the classic defining attributes).

Chances are if you ESCAPE going to jail, they're going to want to see proper treatment or they may let you escape with AA attendance (though that is NOT a substitute for proper treatment in your case).

 

[not2cleverRed]

I am not on parole. I have never been to jail. I am mearly just trying to gage what I’m in for and wondering if paying a lawyer at this point would even help. I do not have one yet. I already know my decision was wrong and my fault. I am already seeing a therapist. I would appreciate no lectures and just an answer to my questions. Thank you.

I have corrected my typo. I see that you have deleted your initial post.

What I typed was not a lecture.

No one can predict how harsh the outcome will be because we don't know what's on the table, and how strict the judge is. And even if you revealed all of that information (privacy and common sense dictate that you shouldn't), there are still intangibles - like the impression you yourself make in court.

A lawyer can try to minimize the legal consequences, and has a better idea of what will work with the judge than you do. By "a better idea of what will work" I mean what type of treatment program impress the judge that you are serious about addressing the problem, for example.