Kerrville, TX asked in DUI / DWI for Texas

Q: My husband has a breathalyzer in his truck that he used this morning with no issue but then failed his UA at his PO’s?

He also missed a couple UA’s last year but took a hair follicle test immediately. He missed a UA last month but no follicle test was ordered. He has a new PO. His current probation is for 3rd DWI. 2 years ago he went through the SAFP program in Texas. His UA from today was sent to the lab for verification. How can the breathalyzer be fine but the UA detect alcohol? What happens now?

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1 Lawyer Answer

A: Your husband's probation officer will either return his file to Court for a motion to revoke probation, modify the conditions of probation and continue said probation, or wait until the lab results are returned (which is the most likely scenario). The lab results will be determinate of what action will be taken. Start calling local attorneys. Good luck.

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