What happens if someone who is court ordered to put a breathalyser in his or her fails a test? Is this a violation of probation? What is the probation officer's next move? Does the test record show the level of BAC or is a pass or fail kind of thing? This is all very to me, because technically many different things can set off a ignition interlock device (or breathalyser). It would seem irrational for a probation officer to revoke an individuals right to probation because of one or two failed test. So, what exactly happens on this occasion? Thanks for your help.

Why would you think this is "irrational" for a probation officer to revoke their probation? They are on probation for DUI. I would not want this person on the road still drinking and driving. If this person failed their test "one or two" times, they should be in jail, not behind the wheel of a 2 ton dangerous weapon capable of doing grevious harm to other individuals. And yes, this is a violation of their probation to fail the breathalyzer interlock system.

The Court has two choices: put the person in jail or on probation. The Court orders probation if the person makes certain promises, one of them not to drink alcohol and drive. In order to make certain that the person lives up to her/his promises Court orders an interlock system.

Person can drink all they want, just not when he/she is going to get behind the wheel of a car.

Person doesn't keep the promise - "because technically many different things can set off an ignition interlock device," all of which "things" are listed in the booklet provided by the Court - and sets off the device one or two times.

If you search out the subject you will see two similar situations that I can remember - in one the person was revoked and went to jail; in the other it was one failed test and the person got another chance.

I see nothing "irrational" about revoking probation - the choice was jail OR meet the conditions of probation and apparently this person can't keep his/her promise and violated the conditions of probation. The only way to keep this person from drinking and driving may be to restrict his/her freedom by placing him/her in jail.

Depends on past history, current charge, Probation Officer, Court's stance on this type of violation.

Hello regan:

Let me also correct another misconception you have. Ain't nobody got a RIGHT to probation. If you get it, you're DAMN lucky.

excon

Just like driving a car - it's a privilege, not a right. And Ex you've hit it on the head again. Too many people getting probation and not jail out there have no idea what real fun jail is and think they have a "right to probation". They don't. If they did "some" jail time and then got probation they would be happy to be on probation and hope they don't have more fun in jail again in a hurry.

I was a probation officer for seven years. First of all, a probation officer does not have the power to revoke probation. Only a judge can do that and only after a legal finding has been reached that a person has violated their probation.

Depending on how the probation order is worded, and the procedures of the probation department, one failed test may not violate probation. In my state, 3 failed drug tests were required before a report was sent to the court requesting a violation of probation hearing. On the other hand, there were some judges who insisted that they be notified of any failed test.

In other words, the short answer to your question is that there is a whole spectrum of possibilities depending on the specifics of the case.