Asked 4/19/2016 – Waco, TX

I am about to get a first time probation violation. I got 5 years felony probation 2 1/2 years ago for DWI w/ minor, was on a lot of opiates & no alcohol at the time of incident. I have been clean & sober since the incident happened 3 1/2 years ago. My last UA came up with alcohol in it & the only thing I can figure is it was the Nyquil I had been taking. I am up to date on everything & have never had any issues before this. I am very scared they are going to throw me in jail, I have kids to take care of so this is very serious to me. I meet with my probation officer tomorrow. I live in Mclennon County, TX now but the original incident happened in Jackson County, TX. So I was told it was up to Jackson County what will happen.

Answer

If your violation is a positive test for alcohol, you probably will not have much evidence to oppose the allegations, other than your testimony. The result of your revocation is discretionary with the Judge. Contact the attorney who represented you on your originally plea, inform him/her about your situation, and see what can be done.