Question for my fellow drunken bastards ...
slightofjeff
Posts: 7,762
As I've mentioned on this forum before, I got a DUI in May. As part of my probation, I've have to blow into an alcohol breath monitor three times a day, at prescribed times, for six months. It hasn't been that difficult. I haven't had a drop of alcohol since my arrest, so passing the tests has been easy. The hardest part, so far, was running up that damn hill at PJ20, trying to find an electric outlet so I could blow during the encore break (but I did it!).
However, the people who leased me the machine warned me that it is super-sensitive. If you rinse with mouthwash before you blow, you will probably fail the test, they said. Well ... last night I had a total brain lapse. Getting ready for bed. Wash face. Brush teeth. Gargle Scope. Blow in tube.
Oh shit.
As predicted, it came back as a violation. My first one. And a total innocent mistake. (Seriously. I know everybody probably uses the "mouthwash" excuse, except in my case, it's true).
After failing the test, I waited about half an hour for the mouthwash taste to completely fade from my mouth, blew again, and passed. So I've got that going for me. But it still doesn't erase the failed test.
My question, fellow drunken bastards, is: What is going to happen to me?
Since it's my first violation -- and really first hiccup at all in probation -- do you think they'll buy my story and let it slide? Will they add conditions to my probation as punishment? Will I have to go before the judge again?
Legally speaking, I suppose they could revoke my probation and throw my ass in jail ... but that isn't going to happen over something so stupid, is it?
Has anyone here been in a similar situation before? Any ideas of what to expect? My next p.o. visit is a week from Tuesday, and I'm more than a little nervous.
However, the people who leased me the machine warned me that it is super-sensitive. If you rinse with mouthwash before you blow, you will probably fail the test, they said. Well ... last night I had a total brain lapse. Getting ready for bed. Wash face. Brush teeth. Gargle Scope. Blow in tube.
Oh shit.
As predicted, it came back as a violation. My first one. And a total innocent mistake. (Seriously. I know everybody probably uses the "mouthwash" excuse, except in my case, it's true).
After failing the test, I waited about half an hour for the mouthwash taste to completely fade from my mouth, blew again, and passed. So I've got that going for me. But it still doesn't erase the failed test.
My question, fellow drunken bastards, is: What is going to happen to me?
Since it's my first violation -- and really first hiccup at all in probation -- do you think they'll buy my story and let it slide? Will they add conditions to my probation as punishment? Will I have to go before the judge again?
Legally speaking, I suppose they could revoke my probation and throw my ass in jail ... but that isn't going to happen over something so stupid, is it?
Has anyone here been in a similar situation before? Any ideas of what to expect? My next p.o. visit is a week from Tuesday, and I'm more than a little nervous.
everybody wants the most they can possibly get
for the least they could possibly do
for the least they could possibly do
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quitting alcohol pretty much altogether is a good idea for many of us. how old are you, Sir/Miss?
"Hear me, my chiefs!
I am tired; my heart is
sick and sad. From where
the sun stands I will fight
no more forever."
Chief Joseph - Nez Perce
I'm 34. I don't really have a problem with alcohol, which is basically how (until now) this breath thing has been no sweat for me. I did abuse it the day I got arrested. I admit that.
I'm obviously going to have to tell them about the failed test. They'll see it eventually. What do you think happens to me, if I've otherwise been a model probationer?
Usually when I go in there, she seems kind of impressed, "Wow! No violations!" It's like everybody has a few violations of some sort.
for the least they could possibly do
Texas. And yes, first offense.
Like I said, I've followed my probation to a T otherwise. Passed all the other tests. Paid my money up front. Took my classes. Am on track with community service.
It would be a shame to have that all go up in smoke over something so stupid.
for the least they could possibly do
good luck my man
i think she wants sex, dude.
"Hear me, my chiefs!
I am tired; my heart is
sick and sad. From where
the sun stands I will fight
no more forever."
Chief Joseph - Nez Perce
I will violate her, so long as she doesn't violate me.
for the least they could possibly do
This is what I'm hoping for. I see her a week from Tuesday. I've basically decided so long as they don't throw me in jail -- and seriously, it would be the stupidest reason to go to jail, ever -- I'll live with whatever else happens.
They want to make me take additional classes? Do more community service? Blow into the device for an extra month?
Fine. Whatever. Even though I didn't do anything wrong, really, I'll take it.
for the least they could possibly do
"Hear me, my chiefs!
I am tired; my heart is
sick and sad. From where
the sun stands I will fight
no more forever."
Chief Joseph - Nez Perce
She basically said she'd have to see the report from the monitoring company before issuing any futher action, but typically for a first violation they might prescribe Antabuse (a drug that makes one violently ill when mixed with alcohol) or treatment in an "outpatient program."
I think (hope) she's just fucking with me. But we'll see on Tuesday.
for the least they could possibly do
i assume you explained why it was a fail....i'm sure when she reviews the report....it won't matter....
good luck...
Yeah, I explained on the phone. It's her job to kind of be a hard-ass to me, so I kind of expected the "I have to review the report routine."
Earlier, I talked to a friend of a friend who is a lawyer here in town, and used to work in the DA's office, and he doesn't expect anything to come of it. He says the most likely outcome is a warning, and we go on with our business. But there's no guarantee.
So I'm not *really* worried, except for when your future is in somebody else's hands, you're always a little nervous.
for the least they could possibly do
take a good look
this could be the day
hold my hand
lie beside me
i just need to say