Question: I am on probation for DUI in Sandy Springs and I tested positive for drinking alcohol. I did drink, but not a lot. Now I have to go to court for a violation of probation hearing.
I was out with my boyfriend and we went to dinner and a movie and then we went to a bar in Buckhead. I had a couple of gin drinks, because all I drink is gin and wine and maybe beer, but only light beer. I was totally fine to drive, and getting home wasn’t a problem.
A few days later, I went to my probation officer to check in and she gave me a test that she said was for alcohol. I tested positive, even though I drank like three nights before the test, and she gave me a probation violation. Now that I tested positive I’m worried about what will happen. I’ve heard that I can be sent to jail for drinking.
I’ve only been on probation for about two months and I really don’t drink much and it was my first DUI. Even when I got the DUI I didn’t take the breath test but I did look drunk and the police found marijuana in my car, which was my boyfriend’s weed.
Now I’m scared that if I have to go to jail I’ll lose my job and then I’ll lose my apartment and my new car.
I don’t know how they detected the alcohol and I want to know what I’m facing in terms of punishment for a probation violation.
G.K. in Alpharetta, GA
Answer: When you are on probation for DUI you are not allowed to drink alcohol. If you are caught having had a drink, that is a probation violation and you could be sent to jail.
For a probation violation, a judge has a great deal of discretion in sentencing. The judge can sentence you to anywhere from zero jail time to jail time equaling the amount of probation you have left under your sentence. Each court and each judge treats probation violations differently. Some judges can be lenient; other judges can be very harsh.
It can also help if this is your first probation violation. Obviously, a first violation is better than a second, third or more.
As to how alcohol was detected after a few days, it is likely your probation officer employed an EtG test. An EtG test is so sensitive that it can detect alcohol even several days after it is consumed.
When you’re facing a violation of probation charge in Sandy Springs, just call us. We’re here for you 24/7. Our phone number is 678-712-8561.
Attorneys Valerie Sherman and Bill Sherman are defense lawyers who have the experience that can help you, having served as a judge and a prosecutor.