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Kisto1985 · Sep 23, 2011, 03:54 PM

I haven't been on probation for a year, but I still have the interlock device and failed the day after drinking. It wasn't over the legal limit, but still had some in my system.

What kind of punishment can I get from the courts if I tell them that's what happened? It's not violation of probation if I'm not on it, right?

twinkiedooter · Sep 23, 2011, 04:02 PM

Has your probation been formally terminated by the Judge or has your time on probation just ended with no notification sent to you? You may want to ask your PO if you are or are not on probation any longer and then if you are you need to tell him about the interlock failure.

Kisto1985 · Sep 23, 2011, 04:11 PM

No I had to go to court a year ago over this same thing except I wasn't failing due to alcohol and they had the interlock people testify it was true and that day they terminated my probation

twinkiedooter · Sep 23, 2011, 05:21 PM

So, why do you still have the interlock system on your car if you are no longer on probation? Makes no sense, could you please explain?

Kisto1985 · Sep 23, 2011, 06:44 PM

My license were suspended for ten years due to it being the 3rd so I have to have it on there for privledges

Fr_Chuck · Sep 23, 2011, 07:31 PM

Then you can lose your license, who does the interlock company report your failure to.

I think you may well be misunderstanding, this, since I will not say it is true, but I have never seen anyone using the system that was not on some level of probation.

But if the DMV put that as a requirement to keep your license, then a failure could merely cause your license to be suspended

Kisto1985 · Sep 23, 2011, 08:01 PM

When I went in last year they said I wasn't using alcohol for the failures and then the probation officer said he was recommending I be done so the judge said he would sign off on it which means no more probation I was told. I then asked if I could have my license back and the judge said come back at five years until then keep the interlock on with the same privledges I had

excon · Sep 25, 2011, 05:17 AM

Originally Posted by Kisto1985

My license were suspended for ten years due to it bein the 3rd so I have to have it on there for privledges

Hello K:

Nahhh. That AIN'T what happened... IF your license was SUSPENDED for 10 years, then you CAN'T drive - PERIOD! So, FIND out what is going on with your case, and let us know... Maybe THEN we can help.

excon

Fr_Chuck · Sep 25, 2011, 05:31 AM

It would appear the OP either fully does not understand or there is a communication issue.

If the license is suspended for 10 years, it is either though the DMV by rules or by sentence of the court.

In either case, the person would have then made application to the court for a hard ship license.

The other would be it was a 10 year suspended but it was set aside pending the use of this machine. So any failure could merely allow the court to suspend the license.

Those are the only two choices I can see happening in these cases

But in either case, there is no jail time associationed with the sentence that was mentioned. So merely losing any right to drive would be the max outcome.

twinkiedooter · Sep 25, 2011, 11:11 AM

Basically you did attempt to operate a vehicle while drunk and the interlock caught you. You were given hard ship privileges to go back and forth to work, not to go out and party or drive drunk. Hard to say what the punishment will be for this as it all depends on what the Judge ultimately decides, we can't even begin to guess what he will say or do. You are a 3 time DUI holder so I'm of the opinion the Judge won't go lightly with you as he already cut you some slack with giving you hardship driving privileges to go to work and back. He may not be so generous with you the next time you appear before him shortly.