[fouroneone]

I refused a breath test while on probation. I was ordered to have a full drug and alcohol test and it came back negative for everything. Do any of you know what probation will do to me?

[artlady]

If you refused how did it come back negative?

Refusing to comply with the rules of your probation can get you violated ,in which case ,you could be looking at doing some jail time.Possibly the remainder of your probation.
Depends on what your PO has to say and the judge.

[fouroneone]

Really? I didn't break any laws though. I just didn't take a breath test. Probation had me go in later and take a unine analysis for all drugs and alcohol and it all came back negative.

[lawanwadee]

When you refuse, it translates you have something to hide... when on probation, try to avoid this issue. Violation of probation could mean jail time, and a big mark on your record.

[excon]

Really? I didn't break any laws though.

Hello four:

You may have broken a probation condition, though. Even if you haven't, I'll bet THEY think you did, and are going to treat you like it...

excon

[Fr_Chuck]

The issue is that there are 1000's of rules from probation that are not breaking laws. Each probation may have its own set, like not going into a bar, not "hanging" out with other people on parole or probation, not leaving the state.

None of those are illegal, but not allowed on many probations.

In fact complying with the lawful orders of a police officer may well be one of your conditions. You give up many of your rights to be on probation, such as with the PO permission they don't have to get a search warrant to search and so on.

So they will feel you are hiding something and if they don't or can't do anything, you can bet all of their red flags are out and they will be trying to catch you on something now

[artlady]

You can't wait until you sober up and then take the test.Refusing to take the test is basically like an admission of guilt.
If you were not on probation you may have a get out of jail free card but on probation,they could have insisted,surprising they did not.
In my book I think your screwed.

[fouroneone]

The issue is that there are 1000's of rules from probation that are not breaking laws. Each probation may have its own set, like not going into a bar, not "hanging" out with other people on parole or probation, not leaving the state.

None of those are illegal, but not allowed on many probations.

In fact complying with the lawful orders of a police officer may well be one of your conditions. You give up many of your rights to be on probation, such as with the PO permission they don't have to get a search warrant to search and so on.

so they will feel you are hiding something and if they don't or can't do anything, you can bet all of thier red flags are out and they will be trying to catch you on something now

Hi F, thank you so much for your thoughts. I agree, red flags have most likely been raised and I brought that on myself. I didn't refuse to take the test because I was using, I refused because I was very upset at the entire situation and I was crying so hard that I couldn't get my breath regardless. I am one of the lucky ones; I can afford one of the best criminal defense lawyers where I live so he is handling everything and does not think that I am going to be revoked or incarcerated. The officers that responded to my situation were very kind and could have cited or arrested people in my home. I thank God they choose not to. One of the rules that probation has here is that you have to report all contact with law enforcement. So I called my PO the next day and left a message; I did not hear from her until several days later and she told me she wanted me to get a urine analysis as soon as possible. I respected her wishes and had the test the same day. It came back negative on everything. So now I need to see what my PO will want to do as a consequence. One thing is for sure, I will never refuse again. My attorney asked if the officers offered a blood test. They did not. If I'm ever faced with the same circumstance (and I pray it never happens to me again) I will request a blood test just to make sure that everyone knows I am not taking drugs or using alcohol. Thank you again for responding to me, I appreciate your feed back.

[JudyKayTee]

I don't understand why you retained one of the very best criminal Attorneys in your area but then came onto this site to verify what he/she told you.

In NY if you refuse to be tested your License is suspended on the spot. No discussion.

[fouroneone]

I don't understand why you retained one of the very best criminal Attorneys in your area but then came onto this site to verify what he/she told you.

In NY if you refuse to be tested your License is suspended on the spot. No discussion.

I guess I am feeling a bit insecure because I cannot reach my attorney by cell phone today-I trust my lawyer very much and I believe what he is telling me-so I guess asking the question on this board is moot. Still, it is nice to have someone to talk to right now. Anyway, I also have the added assurances that my attorney will fight for me, if my situation goes before a judge (which probably will not happen). I wondered if there was anyone else out there that refused a breath test in their home, and what the consequence were, but then, most people are not where I am from so I will probably not find anyone in my situation. So NY takes your driver’s license away huh? Gee that sounds a bit severe so sorry to hear that. Since I was not driving (I was in my own home) the implied consent statues relative to my driving privileges do not apply to me. There will be no consequence in that area because I was in my own home. Thank you for your response though.

[JimDoyle]

What are you on probation for in the first place ?

[JudyKayTee]

This is well over a year old - please keep an eye on the dates.

If you have your own question and/or circumstances, please start a thread.