If I am on probation for DWI and was given an ETG that will be positive, what do I do now?

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If I am on probation for DWI and was given an ETG that will be positive, what do I do now?

I am new to probation and was under the impression I can’t buy alcohol, drive after drinking, or go to an establishment. Unfortunately today at my probation officers they sent me for ETG and I had 4 beers at a friend’s BBQ Saturday night. I spent the night there then left in my car with an interlock. She informed me I cannot drink any alcohol at all on probation so it will come back dirty and be a violation. I think. What do I do now to prepare myself for what’s coming and any other advice you may have for me would be very much appreciated.

Asked on June 25, 2012 under Criminal Law, New Mexico

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

Well it appears that you have violated the terms and conditions of your probation. 

First, the probation officer will contact the prosecutor and inform them of your probation violation.  The prosecutor may file an order to show cause.  If, the prosector files an order to show cause you and your attorney will have a opportunity to discuss the prosecutors recommendations for the judge. 

Usually, if it is a misunderstanding, you can ask the court to revoke and reinstate your probation.  That would just start your probation over and give you a chance to be successful. 

The judge has a lot of discretion on what he will do.  Of course, the judge could just violate you and have you serve the jail sentence he previously stayed.

Hope this helps.


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