If you didnt know, here you go....

Basic breakdown of DIVERT:

  1. Follow Harris County and Texas state laws. If you are offered a chance to participate in the Harris County DIVERT program, then you will lose your eligibility if you are convicted of any new Harris County criminal offenses. You will aslo lose your eligibility to a trial by jury due to plea of guilty. 
  2. Report monthly to a Harris County Probation Officer and pay a $60 monthly fee to the Harris County Community Supervision and Corrections Department (HCCSCD).
     
  3. Pay a $160 monthly fee to the Harris County District Attorney's Office.
     
  4. Have an Ignition Interlock Device installed in my automobile within 7 days of signing the Harris County Pretrial DIVERT agreement and pay a $79 monthly fee for the Ignition Interlock Device.
     
  5. Submit to monthly drug testing at a HCCSCD Houston Location.
     
  6. Abstain from drinking alcohol and participate in a 12 Step Recovery Program. (I didnt have to do this, but most people are required) 
  7. Abstain from going to Houston Bars and Clubs and submit to a mandatory curfew. (I didnt have a curfew that I was aware of) 
  8. Stay in the state of Texas for the length of the DIVERT program or request permission from the court to leave the state or country.
     
  9. Perform 16 hours of community service in the Greater Houston Area.
     
  10. Attend a DIVERT Orientation Class and get a DWI Offender ID card. The class will cost you $60 in enrollment fees.  
  11. Wear a Harris County SCRAM Electronic Monitoring Bracelet. (No bracelet required, depends on your SALC level) 
  12. Allow the Harris County Probation Officer to interview your home and place of employment at their request. 

Comments

  1. Doesn't seem too bad, I just been hearing from alot of people that it ios really expensive.. I guess they did really bad on their test. Thanks this has been very helpful :) I'll prob be asking you more questions once i'm dne with the test in July.

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  2. Its not that expensive..maybe their attorney's fees added up. And yes, the test is key. Go in with a positive attitude and in 6 months you will fly through it. Def contact me if you need any support or questions :)

    Good luck!

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    1. I just signed my divert contract today!!!!! I'm freaking out. Can I not even have a drink if I am home? Can I drink today. Feel like it's last one I'll get. Any advice is very much appreciated

      Delete
  3. Thank You for this blog. It has been very helpful. I go in for an assessment on the 15th and even if I qualify I'm not sure if I should do it since we are going to have a new DA and he may not adhere to the dismissal agreement upon completion. Did you have fines and court cost in addition to the costs listed above? Was there a fee up front for the ignition lock thing? I've already spent 6K on a lawyer and really don't see the results for hiring such an expensive attorney. By the way, I waited 5-1/2 months for them to finally "find" my blood results. Thanks again. This blog was more helpful than anything else on the web, trust me I've looked:)

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  4. Hi, I think you should talk to your lawyer about what options you have before taking DIVERT. You might be able to just get away with probation and no interlock etc. That would be ideal, I am very skeptical about the dismissal issue. Its very vague in terms of how and when we will be able to get the charge dismissed and IF it will be completely off our record. There was an initial fee of 65.00 (i believe) and then the activation/instillation was 35$ If you paid 6k for an attorney then he should be doing something for you. You could put yourself on DIVERT yourself or for a less expensive attorney. And the blood work issue is complete bullshit, I honestly dont even think they test the blood, how can it take 5 months for the HPD lab to do a blood work test? Rediculous.

    The assessment is the key to getting into the program and having a low Salc level. I was level 1 and it was easier than most, but it seems now they are adding outpatient counseling to the program etc. They are treating first time offenders as if they are career criminals and alcoholics on a third time offense. So get all the information you can from your attorney, be aware of ALL of your options before doing DIVERT.
    Let me know if you have any other questions.

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  5. 6K and counting! He says he doesn't handle the occupational driving priviliges, but he can reccoment another attorney that "only" charges $800-$1100 to apply for it. This of course is only if the cop doesn't show up for the ALR hearing which is scheduled for the 16th of July. Originally it was scheduled for May 23rd but we couldn't serve the officer because he was on a 6 week leave of absence, hmmm. My next court date is the 2nd of July and that should be it. I am definitly going to weigh all my options. One more thing; when you say tell the assessment person nothing and say you don't remember what you did that day, why is that. You shouldn't tell them you cleaned your house, went grocery shopping etc? Or just that you don't remember drinking that night? Thanks for the insight.

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  6. The officer will most likely show up, unfortunatey. If you need an attorney, I can suggest one (my liscense was not revoked). He will charge 1,000$ but has a very good reputation for these specific cases. I know the money is a big stress, its insane. Mine was pushed back many times as well, it is not defense friendly at all.

    I say this because if you tell them you were drinking etc. and you do not get on DIVERT then they can use the interview against you. Also, if you tell them you were drinking and driving they will use it to boost your scale, which you do not want. From what I am hearing it sounds like your arrest was months ago, so having a foggy memory is not completely ubsurd. I would say that you do not specifically recall about that night. They will try to pressure you into saying what exactly you drank and how many. Just say at this time I do not specifically recall and it would be an injustice to myself to guess....or something of that nature. When I did my interview I told them what I did and after speaking to my brother (lawyer) he said I shouldnt have told them anything about drinking and driving or how much I go out etc. Personally, the less the better. They will get into all of your business, friends etc. Asking questions about everyone. Just say no when they ask about friends who drink, or have been arrested, etc. Crazy, right?

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  7. Ok, thanks for the advice on the assessment stuff. I will definitly use it. That is crazy that get all up in your business about your friends. My stop was Nov/11 and was stopped 1 block from my house, over 6 months and still not through with court. I am sick of spending money, especially when I see no results yet. By the way, I too stopped drinking after that night, not a drop. It's just better right now that I stay on my best behavior.I will let you know what comes out of my case. It's nice to vent to someone who has actually been through all this bull shit. Oh, and I'll take the name of that lawyer you had for your ALR hearing just in case I need one. Thanks Again!

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  8. Wow, that is a long time. I am really surpised it has gone on this long. There has to be some type of statute of limitation on blood hanging around the HPD lab...jeez. I feel your pain, worst judicial system I've witnessed in a long time...luckily it was the first and last. Yes, I went a year of non-drinking and definitly no driving when I even suspected I might have a drink. It just wasnt worth the zero tolerance issue and getting caught for nothing.

    The lawyers info is: Mark Theissan, 713-428-2322. Good luck and yes feel free to vent!!! :)

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    Replies
    1. Had to comment: Mark Thiessen helped me out getting into Divert too. 3 months left on the program now.

      Great guy, really personable.

      Delete
  9. do they drug test you at the class divert educstion 9 hr class?

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  10. No, it's strictly a 9 hour lame drug and alcohol class. Don't be late!!! ;-)

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  11. I'm about to start DIVERT (fingers crossed) tomorrow...find out officially tonight.

    My job is super demanding M-TH, so I had a couple of scheduling questions:
    - Do you find out about the random drug test the day before? Do you get one request to "re-set" the date of the drug test?
    - In what circumstance would they contact your employer?
    - The orientation - is it Thu, Fri, Sat?
    - The 9 hour class - is that on a Sat?
    - Do you have some flexibility in scheduling your monthly check-in w/ your PO? Ie, can I tell them to do it on Fridays?

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  12. Hi. They will rarely, at least in my case, call you in to do a UA test unless they suspect you've been using or its a holiday the week before and they havent seen you...so I wouldnt worry too much. If they do call they will ask you to come in the next day anytime from 7am to 6pm. So its pretty flexible. The orientation class is on a weekday if I remember. I think it was a wednesday at 6:30pm when the courts are closed, but the building is open for this purpose only, and you will meet in a courtroom. The 9 hour class is on a saturday all day,its boring and brutal and there is a test at the end.
    Your checkins will run around your schedule (mostly), I always did mine asap in the morning usually on a friday at 7:30am. So yes, you can do that.

    If you have any other questions dont hestitate to ask and good luck!!!

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  13. Thanks a lot...this is extremely helpful and I'm shocked there isn't more info like this out there!

    One more question - if you travel out of the state by air but not the country, say to New Orleans or Atlanta, can they track you?

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    1. *but you don't leave the country

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  14. No problem, I had a ton of questions but no one to ask so I decided to blog it for those who might be unfortunate enough to have to be on the program as well. ;-)

    If you travel out of the state you are supposed to get a travel permit. They cant realy track you but your interlock will be idle so they might suspect something. Other than that no they can not track you and I did go to out of the country without telling them because I didnt want to do another hair follicle, but at that point I was on mail ins.

    Due to the fact that you are on DIVERT and a first time offender they will be a bit lenient if you "screw up" once. Just act like you didnt know if you get caught doing something. Use your best judgment and once you get into the program you will figure out what you can and can not get away with ;-)

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    1. Hi... question, I have a business trip to India this Saturday and they are requiring me to take a hair follicle test when I return. They claim it is a 10 panel. I don't do drugs but I have drank alcohol. When you took your hair follicle, did you drink and did it come up positive. Do you know what they required you to take?

      Thanks!

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    2. Hi, good question. The hair follicle thing had me boggled as well. This is what happened to me....I went to my brothers wedding in June and drank a lot for two days...esp at the wedding. I went to France in August and then had to give a follicle test in September when I returned. It tested clean for nothing, no alcohol etc. So I think you will be fine. I didnt drink at all in France but the test should have shown from the past 3 months if it detected alcohol. I know for a fact that the test they took was an ETG test and 5 panel so it definitly should have shown if it was acurate. I think that these tests only show if you are a binge drinker or alcoholic. My opinion but 95% sure thats the case.

      Also, they take the hair from half an inch from your head....hair does not grow that fast so it doesnt make any sense. Like I said before its a bogus test and clearly just to make money and scare the crap out of you.

      If you have any other questions let me know.

      p.s. it did not specifically say what brand of test it was.

      cheers

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    3. Interesting... and thank you for the response. I def have talked to people who run the test facilities and they have 100% said that a 10 panel hair follicle test does not test for Alcohol, however, that a ETG hair test will detect it. So are you sure they gave you a ETG? I drank a good amount over 4th of July week/weekend and am quite concerned. I mean, for all I know, they could just do the 10 panel and it won't even search for alcohol, and it is actually what my officer said to ask for. Egh! all this is so stressful.

      I am thinking about just telling my company I can't go to avoid the situation all together.

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    4. I know that they told me for sure it was ETG...He even wrote it on the paper work with a list of places to get the test done. It said 5 panel, ETG, hair follicle test.
      I am not telling you what to do, but DO NOT let them rule your life. They are trying to scare you and its working. If you go to India today and come back next week then get the test there is no possible way it could show up on a hair follicle test that you drank on July 4th. It takes a month for hair to grown a 1/4 of an inch..I know that they cut the hair and it would not show. Also, if you do test positive it can always be argued.

      I went through the same anxiety and I drank a glass of wine while on vacation and nothing showed....plus the crazy amount at the wedding I attended. I really feel for you, I think you should go on the trip but I also dont want you to get in any trouble and be kicked off the program or have it extended. I honestly think you'll be ok.

      Cheers

      Delete
    5. Thanks for the help! I know on my information document for the hair test, he wrote "10-panel" however, it is not worth the risk to me. So I cancelled the trip this morning. I hate that I'm missing out on India and what an experience, especially if I don't have to pay for it. O well, it is better to focus on ruining my life, than a trip to a 3rd world country I think. City of Houston - 1. Me - 0

      Delete
    6. Damn, that is not right :(
      I am so sorry and your right, they won. Make sure you let your PO know your trip was cancelled so they dont make you do the test anyway. I'll tell you what I did on my next trip to London, I just didnt tell them I was going. My brother is a lawyer and he said that they will mostly not call to do a random test and if they do just tell them my phone was not working etc. I know it sounds lame, but I actually did this a lot and traveled without telling them.

      Sorry again.

      Cheers.

      Delete
    7. Thanks for that. I have another trip to Spain which was approved in September for work, but only require a UA... and the weirdest thing is about 3 months ago, I had this trip to India, and all they required was a UA, and this time it was a Hair. Who knows! Appreciate the help, but again, not worth the risk. I mean, it should require me not to drink and drive! I mean, I'm 30, I should be able to drink a legal substance especially if I'm not an alchololic, it is so ridiculous. I had that damn blowing device on my car for like 8 months as well. It has really made me appreciate my freedom! I can't wait to have it back, and just be able to get on a plane and fly somewhere without checking in with big brother.

      Delete
    8. Well then your almost done. They pick and choose what they want to do. Its rediculous and it comes directly from the assistant DA...so if one of them is in a good mood that day they will let you travel and just require the UA...you must have gotten the bitchy one for the India trip, because she is the one who requires your PO to make you take it. Give someone a little power and they will use it to their advantage.
      I agree, I am in my 30's and never had 1 single incident until this past DIVERT. I seriously love the fact that they are no longer in my life....that was the worst year of putting up with all the B.S.

      Cheers.

      Delete
  15. Hello, so question you had to pay a 160 monthly fee on top of the 60 dollars every month for the yr?. That sounds steep to me already. :(

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  16. Yes, that's how much I paid...your right it is steep and quite Rediculous. Also don't forget your interlock fee of 75$ every month, which can vary, I believe.

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  17. Yea, maybe regular probation might actually be cheaper. I mean thats about 300 a month with the lock and fees! My God...not very positive aboutt hat right now. I just took my divert test...

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  18. The thing that gets you with regular probation is the annual fees for a DWI are 2 to 3 k per year on top of the other fees. It's not cheap any way you slice it :(
    I choose to pay all of mine at once because I thought they would be more lenient....not the case. Good luck to you!!

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  19. This comment has been removed by a blog administrator.

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  20. Hi Kim, That's actually one of the best one's I've seen....although I will have to delete your comment due to advertising issues, unless you want to give me a finders fee then I will advertise your interlock no problem :)

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  21. I'm just starting my 8th month of DIVERT - signed my contract n mid-November. For me, the $160 payment was a one-time thing at the very beginning. I'm pretty sure I paid that the same day I signed the contract, got my offender ID, and signed up for my community service. I had to pay $67 every month when I went to see my probation officer ("community supervision officer") to cover probation and lab fees. If your PO wants you to go on mail-in status after six months, then you have the option of paying all the rest of your fees at once, and then you only have to see your PO and do a urinalysis once every three months, and you mail in a form for the other two. At least that's what they said. There is still a clause in the contract about random drug testing, but it's never happened to me, and my lawyer said it wasn't worth worrying about (though you should be staying clean anyway!) Maybe someone here has had other experiences with that. My SALCE evaluation put me in the lowest risk category, so maybe that has something to do with it. I just went on mail-in yesterday, and my next meeting is in October.

    There was also a $70 fee for the interlock device for the six months that you have it. Here's a tip for your sixth month. Try to schedule it so you meet with your PO AFTER your sixth interlock calibration. I met with mine a few days before, and had to have the interlock in my car for another month because he didn't have records of a full, successful six months with the interlock. When I finally met with him again, he gave me the form to get it removed.

    It can definitely be rough at first, but the time starts to fly by after a while. Try to get as many requirements as possible taken care of as early as possible. The key to getting through the program is feeling like you can return to your normal routine, pausing once a month to meet with your probation officer. Good luck to everyone who's been in the program for a while, and especially the ones just starting out.

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  22. Hi, Thanks for your comments. Luckily for you, its almost done. The worst part is the beginning....its tramatic for those who have never had an offense or dealt with the county and the employees...not fun. You were on the same program as I was, fairly lenient but still shitty.

    Thanks again for your comments, anything helps those who are getting into this program and have the unknown anxiety.

    Cheers.

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  23. I have been on divert since may. For some reason, I scored a 3 on the scales (sp?) test, so I'm supposed to have the interlock for a year. My lawyer and I are going to ask to have it off after 6 months. I just graduated with my masters and am looking for a job, and I'm just so nervous that no one will hire me with that on my car for a year. Do you know if the judge would possibly let me take it off after a successful 6 months? Thank you.

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  24. Hi. First I cant believe they have it on there a year and you are a first time offender. That test you took can really screw things up for you. The questions are misleading and honestly it should be illegal. Anyway, off my rant....I dont think you should worry about the hiring process and your interlock being noticed. They wont even know you have it if you hide it. I have some details of how I hid it from my work for the 6 months, no one knew. Also, I would refrain from telling them about the DWI unless specifically asked about it. Ask the DA, the judge has nothing to do with it. AND the DA is a complete bitch so just dont get your hopes up. Sorry....I know how much it sucks to be on this program and have them dictate your every move.
    If you have any other questions, dont hesitate to ask.

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  25. Is there any way for them to know if you've been to a bar? I did not drink at the bar, and EZ interlock told me there is no GPS in my device. Do they check credit card payments?

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  26. No, I went to bars with friends and didn't drink. There is no way of them checking credit cards etc. Do what you want just don't blow into your device if you drink etc. ;-)

    Cheers x

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    Replies
    1. THANK YOU. That is such a consolation. They really guilt trip you in this program...

      Delete
  27. My manager just told me about one day of travel I have to do to Louisiana - it's at the end of next week. Is it too late to get a travel permit? And you mentioned earlier that they can't track you...is it something I am better off telling them or keeping to myself?

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  28. Don't bother telling them or getting a travel permit. Not worth the hassle. If they call you for a UA on that day, which will not happen, just don't answer your phone. Say you were ill etc. You'll be fine. Don't let them run your life anymore than they already are ;-)

    Cheers x

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  29. Thank you!! You're amazing for providing all of this...and with a very short reply time!

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  30. Jeez, I'm scared! This is mom of two. I keep going thru the interview. She of course made me feel comfortable. She asked if I had drank since my arrest. I felt good about the salce test but I said I may have toasted during an anniversary party. I'm freaked out now by reading everything they will disqualify me for the program. I was nervous and trying to be honest. Do you know if that disqualifies a person? Thank you for such an awesome blog! It is inspiring for those of us just starting out and not knowing what to do or expect. THANK YOU AGAIN!

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  31. Hi, I think you will be ok. If they determine your eligibility due to that, then there really is no hope for the future. I told them I had drinks as well, and I got in the program. They try to trick you which is really unfair. Just try and remain positive and calm...you will be ok. I'm sure that a slight slip won't get you kicked out or denied. Crossing my fingers for you!!!!

    Cheers x

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  32. Thank you!!! I have since moved to San Antonio and have been commuting since June. They didn't even have my BAC until Sept. I was praying they would get lost and of course they should up the day we would ask for it to be dismissed. I think the interviewer kind of laughed when I told her I just completed parent taught drivers ed with my oldest daughter in February. This happened in April. What a nightmare...I do thank you though along with all the others...you are truly a blessing. I know I can be strong when needed but this has been truly terrifying!

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  33. I know it's scary as hell. My daughter was 12 at the time of my arrest and honestly I thought of leaving the country...a bit dramatic but I was so overwhelmed with all that was happening I couldn't think straight. They held my blood test results for months and finally came up with a number, their excuse was that the city of Houston crime lab was overwhelmed.....not good enough. I'm so sorry you are dealing with this and having a hard time. Just trust me when I tell you it will be over soon and you will look back and be amazed at how quickly it all went by.....I know it's easier said than done.
    Keep me posted on the events, and if you need to rant and rave this is the place :-)

    Cheers x

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  34. Omg...hearing you say you thought abought leaving the country was the same thought I had....that and maybe just kill myself. I already had my passport ready just needed one for my daughters...ok, now my second thought was very dramatic but your blog helped me realize you can get thru it. No one knows the stress you feel or the dissappiontment in yourself. It almost makes you want to grab that bottle of wine and wish it all away. Thank you so much. I go back on the 29th and can only prey. I haven't lost my liscense yet, so hopefully my lawyer can get me to keep it. Thank you and many blessings be on you for helping all of us.

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  35. Omg...hearing you say you thought abought leaving the country was the same thought I had....that and maybe just kill myself. I already had my passport ready just needed one for my daughters...ok, now my second thought was very dramatic but your blog helped me realize you can get thru it. No one knows the stress you feel or the dissappiontment in yourself. It almost makes you want to grab that bottle of wine and wish it all away. Thank you so much. I go back on the 29th and can only prey. I haven't lost my liscense yet, so hopefully my lawyer can get me to keep it. Thank you and many blessings be on you for helping all of us.

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  36. Also, may I ask who you used or recommend for the interlock? I didn't receive my court order yet as they forgot yo give it to me at the last court date but I'm sure to get it on the 29th. I also just got the Dps letter stating I needed to mail them 10 dollars and the court ordered form. Thanks again.

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  37. I would go with smart start....or anything that is small. Stay away from INTOXALOCK, that is the one I used and its a nightmare. Also, you can google interlock and look at some of the devices, you might get a better idea of what you are dealing with. Some give better prices etc.

    Cheers x

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  38. Will do...thank you so much.

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  39. Hi Lifelesson, I'm scheduled to get my interlock on Wed. Did you get obesity a camera on it? Thank you in advance.

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  40. Meant one with. I hats auto spell. :-(

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  41. Hi, yes all interlock devices come with a camera that is installed on your windshield facing the driver. Everytime you blow it takes a photo of you or the person driving.

    Cheers x

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  42. Good afternoon Lifelesdon1...have you heard if Deager interlock is better than SmartStart? Thank you in advance.

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  43. Hi, I've never heard of the deager interlock but the smaller the better. I would suggest going on their website to find locations and see if smartstart are in your area verses deager. But both look good to me, also they might be priced differently so whichever is cheaper. I know smartstart is good an less annoying than most.

    Hope that helps.

    Cheers x

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  44. Thank you. I have an appointment with SmartStart, which they do have in my area but darn you tube keeps making me second guess. The Dreager looks smaller and less complicated. I will let you know once I go by there tomorrow. I want to see both before the installation takes place. Thanks again!

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  45. Do they drug test at your divert assessment?

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  46. Yes, you have to take a UA at your divert assessment.

    Cheers

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  47. And if you were to fail would you be denied into the divert program?

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  48. My boyfriend's judge made the interlock device and the $60 monthly fee a condition of his bail. He was given 2 weeks to have the device installed. I am glad you provided info. I had no idea there would be a fee for installation. I thought that was what the $60 was for? The judge mentioned testing for drugs and alcohol but did not mark those boxes on the order for the interlock and the $60 so I am guessing there will not be testing?

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  49. Hi, when he gets his interlock there will be no testing for drugs etc. That would be strange if they did drug test when installing since you have to blow to start your car.

    Cheers x

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  50. I have spent the last hour+ reading all your blogs. Love your writing style - - then I read you are a fellow scorpio and it made me like you more. As you know, scorpios dont like easily. :)

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  51. Thanks!!! I tried to keep it entertaining as well as informative...and yes, if I like you in my mind your lucky :-)

    Cheers x

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  52. (General Question to anyone who can answer) Has anyone had a violation on their interlock and allowed to remain in the program?

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  53. Does anyone know what kind of urinalysis testing the DIVERT program uses? Is it an ETG or just a normal UA?

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    Replies
    1. Hi, I am pretty sure they always do a UA but I wouldn't risk it because I know they have sprung ETG tests on some people. I think it just depends on how well you are doing and your PO.

      Cheers x

      Delete
  54. I am just worried because I had my meeting with my PO last week, and I had a glass of wine the night before with my family at dinner. All of my family was in town, and I didn't even think about the UA the next day. I am not a habitual drinker by any means, but I have been freaking out since Friday about the results. Needless to say, I think that will be my last drink until I am off DIVERT (and hopefully I will be able to stay on DIVERT). I haven't heard from my PO since then, but I am still very worried.

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    Replies
    1. Hi, I dont blame you. I was the same way...hated being so paranoid. If your test came out dirty then I think they would have told you by now. I also dont think a glass of wine would show up so you can probably relax. If you do drink next time just be sure you dont have a UA the next day. You will get used to the schedule etc. I know its hard and the rules are very strict. Hang in there and good luck to you.

      Cheers x

      Delete
    2. Thank you for all the information! I really enjoyed reading your blog! I think most of us in the DIVERT program have never really been in trouble with the law before, so, for me, this whole experience has been a drastic and dramatic change from the normal life I have lived for the past 26 years.

      Delete
  55. Hi! Yes, it's quite a shock to be in the program...us first time offenders have a hard time adjusting. Luckily, it will be over before you know it ;-)
    Good luck!!!

    Cheers x

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  56. I am freaking out about the Salce test I have next week. How do they trick you? Is it a personal interview as well as a written exam? How can you score low? What kind of questions do they ask?I have never been in trouble before but my breath test was high so this seems to be the best option because of my job...I just want the guaranteed dismissal after a year but I am really scared about this whole thing...Please help

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    Replies
    1. Hi. The test is confusing, sometimes it feels like there is no real answer. The questions they put on the test are yes or no but could have another answer. You should be ok, just read the questions carefully. Good luck and let me know if you have any other questions.

      Cheers x

      Delete
    2. Does it all go to the prosecution? How much do you say about that night? Why do you think you got a 1 compared to a 3? Also, did you have to list friends and employers? I'm trying not to involve anyone else.

      Delete
    3. The DA sees everything from the interview to the salc test. I told them pretty much everything about the evening...my lawyer told me that was a bad idea. I'm not sure why I got a 1 because my BAC was .25. I did not list friends, but I did list my employer. They never contacted my employer.

      Cheers x

      Delete
  57. Good morning Lifelesson, well I scored a three on the SALCE. Not quite sure how it happened except nerves. Still trying to remain strong but wanted to find out how did you explain the interlock to your daughter. My oldest knows but my 10yr old has no clue. I have avoided driving my car with her and usually take my husbands. I know at some point I'll have too tell her something. Any advice on what to say? Shes young and I'm just not sure how to handle the situation. Thanks so much! This is probably going to be the longest year of my life...:-(

    ReplyDelete
  58. Hi, I'm very sorry to hear that. Stay positive through this and it will go fast. My daughter was 12 at the time and I am very honest with her. I just told her I got a DWI and these are the consequences. I let her know that I learned my lesson etc. it's good to be honest and they are more sensitive to the situation than you would think. Hope it goes well. Good luck!!

    Cheers x

    ReplyDelete
  59. All,

    I can add a few things here from my experience:

    - My lawyer did both the case and the ALR case for the same charge.
    - They did not do any drug or UA test at the Divert Education class.
    - I am six months in, and no random test yet.
    - They have not contacted my employer yet. It takes some juggling, but depending on the job you do, your relationship with your co-workers, and some other factors (like parking in an area where someone could peek in your car and see the ignition interlock device) you can get away with not telling your employer.
    - Orientation is fourth Thursday of every month at 6 PM.
    - Divert education can either be scheduled for 3 weekday nights or 1 full day Saturday.
    - I had some flexibility in scheduling my PO appointment.

    I hope this helps.
    B

    ReplyDelete
    Replies
    1. Hi, Thank you for your input. Its helpful to have another opinion/view on the program from someone who is going though it. Good luck!!

      Cheers x

      Delete
  60. I am not going through the program, but my boyfriend is. This program is stressful for me as well...I panic when he panics and I spend a lot of time researching what they are looking for with the hair test. There is so much conflicting information on the web.

    We are thinking about doing our own hair test to see what shows up as it relates to alcohol...any thoughts?

    ReplyDelete
    Replies
    1. Hi, I'm sorry for your stress and I can sympathize. Question...has he been asked to do a hair follicle? Why do you think they are going to ask for one?

      Cheers x

      Delete
    2. We are casual drinkers and leaving the country...most likely getting an EGT at the end of the trip.

      Delete
    3. Yes, they will give you a hair follicle after your trip.....ETG but I dont think it works...just my opinion. Hair follicle shows months ago not past 30 days or less.

      Cheers x

      Delete
  61. This blog is great. Thanks for your time and commitment. I have my Divert Assessment next week, and I have a couple questions. First, I have a previous arrest/conviction for a Class C misdemeanor (Public Intoxication). Furthermore, I was placed on deferred adjudication for this offense, and successfully completed a 3 month probationary period. Will this arrest/conviction/probation exclude me from Divert? Second, could you explain how the terms of Harris County's interlock requirement? I've heard about a vehicle device and an at-home device. Would I be required to have both? Is it possible to have a beer or two at home, without having to blow into an at home device? I have a vehicle and plan on installing an interlock into it. That said, it's unclear whether the at home device is also required. Thanks.

    ReplyDelete
    Replies
    1. hi, Sorry for the late reponse my computer decided to sleep for a couple of days :/
      I dont think that the previous conviction will matter to the DA, they will probably give you a longer interlock time and make you take other classes. But its really their call. The interlock is only in your car if you have a car. You can drink, but dont blow and drive (obviously).
      Hope that helps

      Cheers x

      Delete
  62. One more question. My Divert Assessment is just that, right? An assessment? Meaning, if I go to the assessment, I am not committing to and agreeing to Divert, right? I have 2 weeks between Divert Assessment and my court date. I plan on going to the assessment, and then deciding whether I want to participate in Divert prior to the court date. Is this possible?

    ReplyDelete
    Replies
    1. Yes, the DIVERT assessment is to see if you want to be in the program and if you are a fit for the program. They will ask you a ton of questions about your entire life and drinking/drug habits. Dont tell them anything that could incriminate you further. You can decline to do DIVERT, as long as you dont sign the contract you can do what you like.

      Cheers x

      Delete
    2. Understood. What about car insurance rates? Did your rates increase? Did they decrease following your dismissal? I'm trying to do a cost analysis, and find out if my insurance rates are going to increase regardless of whether I plead guilty in open court or successfully complete divert. It's my understanding that insurance providers check the criminal database once every 12 months. Will my DWI show up even after dismissal? Or must I get it expunged before the provider can see it?

      Delete
    3. My insurance rates did not go up because I did not lose my lisence. I think that is the only reason that the insurance goes up is if you have to get an occupational. Also, DIVERT is not a plea of guilty unless you are kicked out. No it will not show, it shows dimissed on the record when you look it up. I searched mine the day after court and it said DIMISSED.

      Hope that helps.

      cheers x

      Delete
  63. I have a couple more things to add:

    - I mentioned this in another thread, but it was mentioned here as well. Although I never got a "surprise" UA, I have received two "planned" UA's, one after a trade show in a popular location, and a second that is due after I get back from Xmas with my parents in another state. I had to go within one day after coming back from the out-of-state travel. But my officer told me about these UA's while she was giving me the travel authorizations, so as to warn me not to make a mistake while I was away.

    - I lost my ALR case. My lawyer recommended that I get an additional inexpensive insurance policy, and have it last only the 3 months of the occupational license. That is what I did, and my main insurance has not increased yet.

    - The $ 160 charge was just a one time charge at the beginning. After that, the government monthly fee was $ 60 probation officer fee + $ 5 UA fee + $ 2 processing fee = $ 67 total. EZ Interlock fee was $ 85 one-time install and $ 59.54 monthly fee. As mentioned in another thread, due to a vigilant (read: mean) PO, I had to pay 8 months for the interlock monthly fee.

    B

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  64. So I had my Divert Assessment last week and I think it went well. What can I expect over the next month or so? My court date is next Wednesday, and it's my understanding the ADA will have my assessment papers back by then. Assuming he does, what can I expect in the way of UAs and meetings over the next month or so? If he doesn't have my assessment package back, will they just reset my court date? Would I have any UAs in the meantime? I don't do any drugs, but I was hoping to have a few drinks over the holidays.

    ReplyDelete
  65. If you are accepted you will need to immediately go and get an offender ID card and sign up for community service. You will have 7 days to get an interlock device installed. Make sure you have a valid license or occupational license or you will have to get an in home device. You'll need to attend the next introductory session at whicjh point or within 2-3 weeks you will be assigned a PO and have your first meeting scheduled - along with what will likely be first UA. You may not see a PO officially until mid-January.

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  66. UGH had divert questioning this morning. 2.5 hours. I hope I passed. How humiliating to tuck your shirt under your bra and drop all your bottoms to your ankles and turn around before giving your UA specimen. I hope I don't have to to that again. Geez I have to sweet almost too weeks till I find out if I passed. What a day.

    ReplyDelete
  67. Excuse my mis-spellings :) It's been a tough day!

    ReplyDelete
  68. Has anyone heard of someone getting a UA between the court date they entered DIVERT agreement and the orientation meeting?

    ReplyDelete
  69. If I remember correctly when you go to get your ID they give you a UA, other than that you do not get any UA's until you get a PO and that could be the day you sign up or 3 weeks later. My PO took 3 weeks to contact me before I had to schedule a visit.

    Hope that helps.

    Cheers x

    ReplyDelete
    Replies
    1. After 4 months since January 1st the courts finally got my blood work. So I've had the intoxalock in my car for these last 4 months and it's now May. I just went to the assessment test and now I'm waiting to see if I'll be accepted into​ the program when I go to court on May 12th. If I'm accepted in the program will they do a hair follicle test that day at court? I want to know if I can have some wine 5 days before court, or if they test my hair. One last night at home with some wine. I read that the ua tests only test 80 hours back for alcohol, but I'm afraid of chancing drinking some wine if they do hair testing on this last court date and possible acceptance into the program.

      Delete
    2. After 4 months since January 1st the courts finally got my blood work. So I've had the intoxalock in my car for these last 4 months and it's now May. I just went to the assessment test and now I'm waiting to see if I'll be accepted into​ the program when I go to court on May 12th. If I'm accepted in the program will they do a hair follicle test that day at court? I want to know if I can have some wine 5 days before court, or if they test my hair. One last night at home with some wine. I read that the ua tests only test 80 hours back for alcohol, but I'm afraid of chancing drinking some wine if they do hair testing on this last court date and possible acceptance into the program.

      Delete
    3. Hi, I do not think they will do a hair follicle in court, maybe a UA..but that never happened to me. The only time I got tested was when I went to my PO. I did a hair follicle when I took a trip to France, they required it when I got back. I was clean because I did not drink throughout the entire program however I did take a 2.5mg Xanax once but it did not show up. Hope that helps.

      Cheersx

      Delete
  70. Yay I'm relieved to have signed my Divert contract today. Even though it was all stressful I'm glad I have to opportunity to have it dismissed on my record. Yay I didn't have to do a UA when I got my ID card today. The UA at the questioning was humiliating enough. Thanks once again Lifelesson1 for this blog. It helped me so much. Happy Holidays!

    ReplyDelete
  71. My bf was arrested for 2nd DWI. He was out on bond for a brief time. As a condition of his bond, the judge ordered an interlock device be installed.

    He accepted a deal for 90 days in jail (2 for 1 in Harris County (45 days) - 3 for 1 because he got a job as a truestee (30 days))

    The judge also ordered his licence suspended for 1 year. DPS sent a letter that they are suspending his license for 2 years total.

    I went to the court to see about having the device removed from the car because 1. he is in jail and not driving 2. his license is suspended and he cant drive anyway.

    The clerk told me that for 2nd DWI the device must stay in for 3 years. The really makes no sense to me as we have to pay rent for this thing and no one knows how to use it except him so the car is just sitting unused and the bill is running up.

    Has anyone else heard of such rules? I googled and cannot find any info on the 3 year mandatory interlock device.

    ReplyDelete
  72. Hi, sorry to hear about what is happening. From what I know, the information is as follows...If it is so ordered, you will have to keep the device on your car for a minimum of half the time the court ordered it. After half of the time (ie. 9 of 18 months) has been served, you can petition the court to have the device removed from your car. It is discretionary with the court. Many courts will remove the device at that time if you have not tampered with the device and have not had any violations.
    I'm very surprised they would have the device on the car if its not being used, since the whole point is to monitor the intake of alcohol. Perhaps you can petition for a scram device or an at home device instead. That would make more sense.

    Hope this helps!!!

    Cheers x

    ReplyDelete
  73. Thanks so much for offering your experiences and advice! After 6 months, how often did you have to do a urinalysis? How much of a notice do they give? I heard you can pass them if you abstain for 24 hrs before. is this true?

    ReplyDelete
    Replies
    1. Be careful on this one - they just went through a policy revamp and from what I've read will be testing more vigorously for alcohol - if they add teh etg test you want to abstain for at least 80 hours.

      Delete
    2. Yes, use common sense. Don't drink before you go in to see your PO. I didnt drink about 4-5 days before but honestly after my DWI I stopped drinking for awhile. The PO's are pretty lenient with first time offenders so you will get the idea of how they work once you go to a few appointements.

      Cheers x

      Delete
  74. Hi, your very welcome!! I did it to keep my own sanity and because there was absoltely no information out there when I started the program. I only did a UA when I had a PO appointment so every month, once a month. Yes, you can drink, just dont drink before you go or roughly 24 hours. Just be smart and you will get through the program with no issues ;-)
    I would freak out because I took half a zanax, but alas I had no problems. :-)

    Good luck and let me know if you have any other questions.

    Cheers x

    ReplyDelete
  75. I just got into the divert program last week. My orienation is tonight. I don't yet have a po officer. I am supposed to leave the country for vacation next Friday. I hope I learn who my PO officer is so I can tell. I don't want to risk getting kicked out of the program.

    ReplyDelete
  76. Hi, You may or may not get a PO at orientation. I did not get one until 2 weeks after mine. If you do not get one, go ahead and leave the country, they will not know and there will be no PO on file to contact you anyway.

    Cheers x

    ReplyDelete
  77. Really? You think that is ok? I will be leaving the Dec 27th and not back until Jan 6. You think I will be safe till then? Two weeks would be Jan 3rd. I guess there won't be too much activity since it's the holidays. I hope so anyway I want to enjoy my vacation and not have to worry about anything. Thanks so much again for your help!

    Cheers!

    ReplyDelete
    Replies
    1. One more thing....if you do get your PO tonight, ask them for an end of January appointment and do not tell them you are leaving the country.

      Cheer x

      Delete
  78. Did someone tell you not to leave the country? The way it usually works is you get a PO, they call you to set up an appointment, which right now will most likely be mid January or end of January. If they call you and you dont pick up they will leave you a voicemail. You were not convicted of murder or drug charges so I wouldnt worry too much. Call them when you get back Jan 3rd...if they call and if they give you shit, just say you lost your phone or you got a new phone etc. I wouldnt worry, and have a good holiday, screw them :D

    Cheers x

    ReplyDelete
  79. I just remember it says asks for travel permit. That is why I am nervous. But you did just make me feel better! Thank you so much! Happy Holidays!

    ReplyDelete
  80. I got the travel permit each time I traveled until I got fed up with the system. Then I traveled to London for 10 days without telling them and also went to NY for 5 days without a travel permit. I was never caught and they never suspected anything. Hopefully it will be the same in your case. I am sure there is nothing to worry about.

    Have a great holiday!!
    Cheers x

    ReplyDelete
  81. Thanks they said tonight I won't get a po officer until 3-4 weeks from now. They said they are swamped. :) yay vacation.

    ReplyDelete
    Replies
    1. Yh I figured that would happen. Great!! Glad to hear it! Enjoy your holiday!! :)

      Cheers x

      Delete
  82. You too! Thank you lifelesson1 you helped me get through this tough process! Reading this blog saved my sanity. I found it just a few days after I got arrested in few months ago.

    ReplyDelete
  83. Hi LifeLesson!

    Great blog - learned a ton! I have a big favor to ask - could you please let me know where you got your hair follicle test done (name and or address), as well as any other places that you were allowed to to get it done? I realize that this may take some digging on your part but I would REALLY appreciate it.

    Thanks!

    ReplyDelete
  84. Hi. The testing facility I went to is in Deer Park, for some reason I didnt have a choice, but I think they give you several options now. The name was Analytic Lab Service, 1803 Center St Deer Park, TX 77536. If you live in Houston its quite a haul out there and they are really unorganized and I am 100% sure the woman did the test wrong, luckily to my advantage :) I think you can use any of the same lab at different locations.

    Hope that helps!!!

    Cheers x

    ReplyDelete
  85. I had a wonderful vacation. I'm highly rejuvanated. Still waiting on my first PO appt. Thanks Lifelesson and Happy New Year!

    ReplyDelete
  86. Dec 17th follow up . .. . My boyfriend got out of jail and asked the court about removing the SmartStart device as it was ordered as a bail requirement - not as a probation requirement (he's not on probation) They are issuing an order to have it removed!!!! YEA!

    ReplyDelete
  87. I am not part of the DIVERT program, but I found your blog contains a lot of good info that will apply to me. I was arrested for PCS - prescription drugs. One charge was dropped and I got deferred adjudication on the other. I am middle-aged and have a serious documented medical condition which the judge was sympathic to. I took a SALCE test immediately after court hearing (no clue to results) and I can confirm the ambigious (almost catch-22) questions. I have been ordered to take drug & alcohol testing and to report to my probation officer in one month. I was wondering if there is a chance that I will be tested prior to my 1st meeting in a month. I am seeing a specialist and taking non-narcotic remedies, but I'm still enjoying a few beers as a last horrah. I will stop drinking completely well before my appointment. Ps. I am looking forward to the new drop your drawers (and in the case of women I think squat and cough too) drug/alcohol test procedure... NOT! Johnny Law gets to check out your junk on a monthly basis. Truly amazing.

    ReplyDelete
  88. I haven't heard of anyone being tested before their first appt. I've only heard of a couple of randoms around holidays. I would stop drinking a few days before just in case they use an ETG test on your urine. It can catch alcohol up to 80 hours so be careful. The sqaut and cough naked deal sucks, it's so degrading. I'm in the divert program and still waiting for my first po meeting I am in 3 weeks now and haven't heard a thing.

    ReplyDelete
  89. Question,

    And I love your forum by the way!

    I have to travel in the first week of may and have drank the past couple of months but am not going to drink the next 45 days until I get back from my trip. Will I fail the hair folicle test?

    ReplyDelete
  90. ETG hair folicle test can show alcohol use as far back as 90 days however I'm sure what Harris county uses. I would definitely stop drinking now!

    ReplyDelete
  91. Correction I'm not sure what Harris County uses

    ReplyDelete
  92. Does any one know the level of drinking that appears on a hair follicle test. If you have drank one night in the past 90 days, can that be detected?

    ReplyDelete
  93. I'm not sure but I wouldn't worry about 1 night just don't do anymore. Long and/or dark hair have more data.

    ReplyDelete
  94. I want to know if anyone recently (2013) has had one or two drinks and had to test 2 days later and everything was ok. On Mother's Day I had two beers with my mom and I go see my po tomorrow. This is my 9th month in and I have had no prior issues. I just completely forgot about my appointment, because I was spending time with my family!

    ReplyDelete
    Replies
    1. Btw I rarely drink. My family came into town to spend time with my family, and I let loose just a little so I have never had to worry before. I have heard testing has gotten more stringent.

      Delete
  95. I have be approved for my travel permit but I have to give a hair follicle test when I get back in 2 weeks. I drank last weekend and am freaking out. If I cancel my business trip do I still have to take the hair test? Is the hair test something they can randomly ask for throughout the program or is it just for travel purposes?

    ReplyDelete
  96. DO not cancel your trip. If you were binge drinking for several days then I would say cancel, but if not then just go about your life. Your hair grows half an inch a month, it would take several months for them to detect that you had alcohol in your system. They did my hair follicle and the hair that was left on my head was about an inch and a half long. Sooo, your safe ;-)

    Hope that helps!!

    Cheers x

    ReplyDelete
  97. But if it is this ETG test that goes back 90 days, I've certainly ha e a couple drinks here and there? Was your ETG a 90 day backtrack?

    ReplyDelete
  98. Yes, mine was a 5 panel and ETG. I also got plastered at my brothers wedding months before. I should have been kicked out, if they found it, which they didnt. So dont worry.

    Cheers x

    ReplyDelete
  99. Do you know if the hair follicle tests are only for travel purposes or can they require you to take one anytime?

    ReplyDelete
  100. They only take hair follicle for international travel.

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  101. I'm on the divert program and violated on my home device the first time I took medicine I have court this Friday what is more likely to happen I am so so scared..

    ReplyDelete
  102. Hi,

    First don't ever use anything with alcohol when using the device. The program is zero tolerance so that will get you more time with your interlock. That bring said, I don't think they will kick you off the program, but it might get you a year with your interlock which sucks. Let your attorney know what happened and tell your PO so they won't be surprised by the news. I hope that helps and sorry your going through this.

    Cheers x

    ReplyDelete
    Replies
    1. Thank you so much for your reply yes as soon as I violated I kept in contact with smart start which is for my machine and I called my probation officer right away and told her so now I have court tomorrow and I'm so worried I don't want to get kicked out of program or even do jail time I can't afford to lose my job :"-( so I'm really hoping they give me a second chance on the program...

      Delete
    2. I hope it works out. I'm pretty confident that they will most likely extend your I yer lock device to a year. If they kicked you out they would lose allot of money etc. think positive and I will too :)
      It will be over soon.

      Cheers x

      Delete
    3. Well I went to court I got kicked off the program the DA was being a total B**** she didn't wanna hear anything my lawyer had to say after court I had to go take a ua my court was reset for next week the 19th don't know what exactly is goin to be done I really hope I don't do no jail time..I didn't have to speak to the judge my lawyer spoke for me well no telling what's goin to be done next week :-(

      Delete
    4. I'm so sorry, that's terrible. Yes for some reason the DA seperates us from human....mine was just as bad when I went to court the first time. I hope you do not do jail time. Really sorry :(

      Cheers x

      Delete
    5. I hope not either I can't afford to lose my job...I'm really down that now I'm goin to have this dwi on my record for the rest of my life :-( ....yes the DA wasn't tryin to hear it at all...hope that my UA coming back clean the judge won't be so harsh on me..:-/

      Delete
  103. I have a question well I got kicked off the divert program for violatin on my home device :-( even though it was for cough medicine but ofcourse its a no tolerance so I was given a year probation 300 fine another 50 for crimestoppers 24 hrs community service and I have to do a dwi education program and the salce what is that dwi program and please don't tell me that freakin salce is them questions you have to ans yes no or maybe if so please please can you tell me what's the easiest way to pass it last time I freakn got a 3 and they made me start goin to outpatient rehab or sop if that's what's its really known....one thing I am glad I didn't lose my license...so I'm glad for that but :-( for the rest..

    ReplyDelete
  104. Can anyone please tell me what is that dwi education program and the salce about

    ReplyDelete
  105. The education program is data and films. They test you at the end. Salce is personality/addiction sort of test. You don't want to be an angel or devil.

    ReplyDelete
  106. Has anyone else experienced being nine months in and having another new PO? This will be my 4th one and the last one had me bring in forms I had in the beginning and now this once needs to make a copy of my prescription medications for my thyriod. Which were also photo copied by my 1st po. Just curious seems crazy since I should be on mail in after my next visit.

    ReplyDelete
    Replies
    1. I never had nor heard of that happening...I also think it's crap. I can't believe they are so lazy they do not transfer your paperwork. Truly sucks. Sorry you have to deal with that, I would make sure this PO knows that you are on mail ins next month. They are not the brightest individuals. Hope it works out!!

      Cheers x

      Delete
  107. Thanks Lifelesson, I agree its like they are just trying to mess with me. Ive paid out in full…ive completed everything just waiting to get the interlock off and this dismissed. Ive never had any violations, with the exception of a retest because I left my car running but I immediately turned it off and restarted it. So ready to be done and it seems like they are getting stricter with the new da in office. People are getting kicked out for the slightest mishaps. Also now going thru a divorce over this due to emotional impact. Just stinks.

    ReplyDelete
    Replies
    1. That's terrible. I'm so sorry all this is happening to you. In the end it really all does happen for a reason, but it completely sucks while you are in the mix. I think that the DA should be put through the program to see what it actually takes, mentally and physically to endure a year of this. I doubt they would be able to finish. And I am quite sure that he has had a drink and got behind the wheel. It's just not right.
      Your almost done, hang in there :)

      Cheers x

      Delete
  108. Hi there, thanks so much for sharing your blog. I have learned so much about the program, yet I'm still a wreck.

    I've been to court four times - each time has been reset. This Friday, is my next court date and my attorney has guaranteed that I will sign my contract for the DiVERT program, which I was already accepted into months ago.
    My incident was four months ago, so I've been on edge and feeling like perhaps this was all a bad dream.

    My main concern about everything is the smart start in my car and going to work everyday. I looked at the video and the camera, albeit small, still seems to be noticeable.
    How did you handle this on a daily basis?

    ReplyDelete
    Replies
    1. And thanks so much for your input in advance - I truly appreciate it.

      Thank you.

      Delete
    2. Hi..I know how you feel, I had the same issues going back and forth to court. You just have to be patient with the judicial system...as crappy as it is. As for work, I parked on the top floor of the parking garage and would leave and come to work early or late to avoid people seeing. It worked, no one ever knew. It's easier to hide then you think because although you know it's there and it feels obvious it's really not, and other people aren't looking for it. It will go quickly and soon be over. Stay positive.
      Hope that helps.

      Cheers x

      Delete
  109. What happenes if you fail a UA test and you are set to go to court ? What are the things that could happen?

    ReplyDelete
  110. I know some have been kicked out and others have been given a longer sentence added to probation. You won't have to worry about jail time, but you could possibly be kicked out of the program

    ReplyDelete
  111. About pretrial intervention program for first offense DWI in Tx

    I was arrested for first offense DWI in Harris County housron Tx .My attorney filed for pretrial intervention and I installed the interlock device on December 2nd as my court was on the 3rd but it was reset to january 8th.So till my court date am I already enrolled in the program or not as im driving with the interlock device now? Can I drive other cars till my court date? If I fail any starting breath test before my court date is that a viloation and who should I contact as I have no probation officer?can I consume alcohol during this period as Long as I pass my Interlock breath test..like half a glass of wine and I bought a handheld breathalyzer to check before I get Iin my car or I should not consume any alcohol period even before my court date?

    ReplyDelete
    Replies
    1. Hi, first let me say how sorry I am you have to go through this...it will go quickly so just try and stay with the program.

      As for your questions...No your not IN the program until you sign the contract. The interlock is part of the court order because you were arrested for DWI. You can not drive any other vehicle, only the one you have with the interlock. If you get caught driving another vehicle you prob will not get into the program and will have an interlock for a year or more. If you fail any breath test you will not be let into the program..same as first question. You should not fail hence the no need to contact anyone. If you drink, DO NOT drive....repeat DO NOT even attempt to drive. If you want or need to have a glass of wine do it but be aware that the possibility is there that you could be tested....i doubt it would show up but be careful. I would be more careful than ever before the program, once into it for 6 months you should be able to have a drink if you feel the need. But I dont recommend any drinking.

      Hope that helps.

      Cheers x

      Delete
  112. I'm 23 hours from being officially done with the program. I just wanted to let you know your blog was amazing and reading the comments answered many questions over the last year. We are all thankful for you taking the time out of your day to answer questions even though over a year removed from the program. Have a blessed day and thank you.

    ReplyDelete
  113. Hi Lifelesson, Im sure this question has been asked just wanted to see if it has happened to anyone and what the outcome was... So I am now 7 months with the interlock and am in the process of trying to get it removed and with my luck I blew a violation for the first time today. Had to have been the mouth wash I used prior to blowing. However after the violation it had me re test within a minute and i passed. Blew again a few minutes later while driving and passed. Has anyone had this experience and not get in trouble? According to my contract it states that if you get a warning or violation you must pass within three attempts afterwards to show you did not have alcohol in your system which I did and passed all attempts after the violation. Freaking out and just wanted to get other opinions and if has happened to them and were able to stay on the program. Thanks

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  114. Does anyone know what type of test they I've you at the assessment? Etg? I have my assessment on Tuesday and about to leave for Cabo?

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    1. I believe this would be just a UA, I dont think an ETG would be taken at assessment. BUT you might want to hold off on the booze etc a day before just to be safe. You should be ok, If its a test due to your going out of the country then yes it will be ETG.

      Hope that helps, please let me know if you have any other questions.
      Have fun in CABO!! :)

      Cheers x

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  115. FYI about Hair follicle testing for Alcohol http://www.health-street.net/drug-tests/hair.html turns out you cant.

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    1. Hi, Thanks for posting and sorry for late response.

      Cheers x

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  116. There most certainly is a hair follicle test for Alcohol, just had one done last week due to out of state business trip. I was ordered to take a Drug hair follicle also. My suggestion, don't tell or cancel your trip...passed the Drug test, waiting on Alcohol test..I have had a few drinks here and there but never any heavy drinking and none in past 90 days but it has me worried to death...as I am in my 11th month of 12 month program. Hate this stuff.

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  117. UPDATE: I passed both Hair Follicle tests, one for DRUGS and one for Alcohol...I now have 36 days to my Court date and then dismissal. Its been a long 18 months...6 extra months of Interlock device because my Court kept getting reset. I just can not WAIT to be free of this device!

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  118. Hi Lifelesson, I have a question on the interlock device monitoring. First off, I am not a career criminal, just a blue collar worker that made a bad decision. I am on the divert program and have had the device on my car for about 4 months without incident (installed prior to the probation). My license was suspended when the case was dispositioned. I petitioned the court for an occupational license which was denied by the judge. He stated that I wouldn't be eligible until 3 months after the commencement date of my probation. Regardless of my situation, I made the mistake of taking the risk to drive to my PO visit, and also telling my PO that I drove there. He told me to call my lawyer because he was sending back to court. Freaked me out. 1 month passed, I haven't been driving (interlock should prove that with its tracker). The PO has requested an ankle bracelet. After checking the cost, I would not be able to sustain all the monthly charges with $400 additional a month alone on the bracelet. I told him there was no way I could afford it. His response was he would notify the court. I guess my question is, is my interlock driving history going to send me to prison?

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  119. Hi, I'm sorry this has happened to you. I do not think you will go to prison, the only thing they will most likely do is add on more time or they will add more time to with your interlock. I do not have any experience with the ankle monitor but hopefully someone here will comment and give some info. Hopefully your lawyer will work in your favor but I do not think prison time will be an issue.

    Hope that helps.

    Cheers x

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  120. I've been in the program for four months, now. I believe that DIVERT has been renamed to Pre-Trial Intervention (PTI) -- and that the renaming was mostly political in nature. Anyway...

    Signing-up for Community Service is horrible. You should arrive an hour early (6am). It took me a few attempts (arriving at 6:30am didn't work). They take a certain number of people per day, finishing within a few hours. Good ol' gub'ment jobs... The Community service starts at 6:00am (easy to get in -- provided that you sign-in BEFORE 6am).

    Get ready to be treated like a gangbanger. It's "one-size-fits-all" system. Also, be prepared to deal with people (employees) that are poorly-educated and really don't give a fsck. It's "rich" that you have to prove that you're literate (er, AFTER you sign a big stack of papers getting you into the program).

    My PO is nice enough -- nearly impossible to contact but otherwise nice. I've heard that others haven't been as lucky. I'm on this GREAT AND HELPFUL site (THANK YOU!) looking for hair follicle testing information. I'm going out-of-state for business and, well, want to know what I'm facing. From the comments I've seen, domestic travel shouldn't incur a hair follicle test (incidentally, it seems like alcohol shows-up more than any other substance on the hair test). That aside...

    The other thing to expect is having to change your life. For me, personally, it's isolated me. I don't want to explain to friends (very few know) why I can't go out for a beer. It does have an impact. The other thing to expect is time -- if you were a semi-serious drinker, you'll realize how much time you spent on drinking. It's fun... but I had my first/only "event" (eh-hem) two weeks ago. Lasted three evenings. It made me realize that I wasted those hours. Instead of building some really cool stuff (welding, electronics, etc), I just got numb. I didn't want to risk being in public... and drinking alone is just boring. So, maybe I got something positive out of this? Anyway, the "social aspect" kinda sucks.

    Lastly, about the UA testing -- don't be a pansy about it. It's not nearly as "invasive" as in the military (we used to get them every other month "randomly"). We (the people in these programs) screwed up... and if someone has to see your "fleshy bits," meh -- it's hardly the worst of it. I hate that I can't even legally enter a bar (it's in the contract) -- can't even drinking soda and BS with my friends. Oh well.

    At only a third of the way through, the time is passing slowly. After the interlock is removed (by which time you've completed your classes, Community Service, etc), I suspect that life will become a whole lot better. Good luck to everyone -- and thanks again for this fantastic blog. It's amazing how much reading everyone's stories helps. You're not the only one. We all acknowledge that it sucks... and that we still fsck-up... and that we might get away with it. Again, good luck.

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    1. Hi, thanks for your comments. Sorry it took me so long to get back on here. I hope you are doing well and all is going smoothly as best it can. Again, good info and if anything "unusual" comes up please share :)

      Cheers x

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    2. I'm now eight months into the program. A month ago, the interlock was removed. This was epic -- it's such a relief. It's such a luxury to get into my vehicle, press a button (ignition), and have the car start immediately. Not having to wait for the interlock to warm-up/etc is so nice. And not having the fear of colleagues/friends noticing the interlock is A WEIGHT OFF OF MY SHOULDERS. As expected, life gets better after the interlock. However...

      I've been sick as a dog (there's a cold/etc going around). Yesterday and the night before, I drank 2-3 cups of kefir (fermented milk -- probiotic; for health). I forgot about my appointment with my PO. Well, I had to do a UA. Now I'm freaking-out. Kefir as up to 1% ABV (like, say kombucha). I normally stop drinking it a few days before my PO/UA visits... but I just forgot. You cannot get drunk on this stuff. However, I'm worried that I'll violate (all other UAs have been clean) because of the trace alcohol/EtG.

      There's nothing to do but wait. Man, that sucks. Such a stupid mistake. Does anyone know how long it tends to take to find-out if you failed a UA? Fuzzy milk -- I might get booted-out over fermented milk (to be fair, keeps me from having digestive/bloddy/etc "issues"). I mean... how dumb. Ug. Again, how long for UA results?

      Delete
  121. Amen on the military drug testing.

    I was recently (less than a week ago) picked up for my first ever DWI. I am just now coming to terms with it. I had no real idea what I was getting into other than $5k in lawyer fees until I found this blog. Everything in here is what I would expect out of a government run program from the exorbitant fees to the inept workers. I'm not sure I have the patience for all of this, but if this is what is required for me to not have a DWI on my clean record than so be it. Hell, if I made it through 12 months in Iraq this should be a breeze right?

    Thank you for taking the time to write this blog. It has helped with the uneasy feeling that accompanies the fear of what is going to happen next.

    Good luck to anyone else that has a lapse of judgement and finds themselves in the same place we are.

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    1. Hi Adam, first let me say how sorry I am that you are here. I am happy you found the blog and I hope it helps you. I was very detailed with all that I went through so you will prob find some useful info. If you don't find something and have a question please do not hesitate to ask!! Hang in there!!

      Cheers x

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  123. Hi! If you have an asshole of a PO, they will do hair follicle over the holidays..which is a waste of money and time first because a hair follicle will not show if you've been drinking over immediate holidays. It will show what you've been drinking or using over the past 6 months unless they take it directly from your scalp which they don't. See my post on hair follicle. So actually drink up if they are not doing a UA. Just make sure your not drinking 48 hours before the UA :)
    Cheers x

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  125. Ok, well they are probably being more strict with you because you had the scram device. Just be concious and don't get any violations, but like I said the hair follicle is not legit for immediate usage. They made me do one every time I went out of the country. Let me know how it goes.

    Cheers x

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  127. Don't be stressed, just be smart. We have all been there and trust me it sucked but I tried to document every single thing that happened, so if you can let other people know from your experience then your giving back. I know it's shit and the system is crazy..but it does end and just try to be positive. Good luck!!!

    Cheers x

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  128. Just got on the program because of shoplifting and I'm a little worried about the UA, I don't drink, but have used pot recreationally within the last week. Does anyone know how sensitive the results are? I'm really worried about catching new charges because of this. What happens if I fail the test?

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    1. This comment has been removed by a blog administrator.

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    2. Hi, I believe the program works the same way for everyone but I could be wrong, let me be sure and I will get the answer for you. Hang in there.

      Cheers x

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  129. Hi, sorry I can't help you with your UA question. I'm also preparing for Pre trial diversion, not DUI like you! I'm worried about the test and the I interview. Can you please share you interview and test experience that got you into the program
    Thanks

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  130. These are the documents requested by my Attorney for Pre-Trial Diversion (PTD):

    -Letter stating why Defendant deserves a pre-trial diversion as opposed to a deferred adjudication
    -Written Confession & Written Apology!!
    -Two letters of Recommendation from non-family members
    -Proof of Residence
    -Transcripts
    -Employment Verification or proof of full time student enrollment
    -Resume
    All has to be in 10 pages or less!
    PTD package has to be submitted no later than 60 days from first appearance!

    I'm still in th application process, let's see how it goes.

    Thanks Lifelesson1 for this blog
    Are there any PTD experiences to share for other types of misdemeanors other than DWI?

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    Replies
    1. From what I have been told the testing for DIVERT is the same for all infractions. However I am sure the interview may be a bit different, just use common sense when answering the questions. They will probably ask you whether you are willing to give up the bad infuence of friends etc. Just say yes, apologize throughout and say that you are looking forward to the program to change your future etc. I know that you can not go into the program with any other arrest on your record, but you probably know that already. Also, if you could come back and let us know your experience that would be helpful for others who are in the same situation.
      My advice is to relax and go into it in a peaceful state so you don't panic. I hope it all works out for you and it will over before you know it. If you have any other questions please do not hesitate to ask anyone on here.

      Cheers x

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  131. Hi, sorry I took so long to reply. First, remain calm. Second, I am not familiar with the non DUI divert, but my brother has had many cases so I will get the information from him and post it asap. If you do not have an attorney he has allot of experience, but either way I will get the info to you. Hang in there.

    Cheers x

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  132. Thanks Lifelesson1. This blog has helped keep me sane so far, I wish I had found it earlier. Hard to believe it has been 5 weeks already since the arrest and charge. No matter how ready or confident or in control I thought I was, nothing could have ever prepared me for the emotional hurricane of the first 3 weeks. I felt worthless, disgusting, and filled with guilt. I had never seen a jail before, I never had a gun pointed at me, I was never arrested or handcuffed before. It is hard to think of how low I have sank. It is harder to think that I did it to myself. I threw years of hard work and education away. I wanted to hide away, I thought of leaving the country, the continent. Then when I knew the true damages of having a charge on record, I lost hope and wanted to end my life. How am I ever going to rent a home again for shelter? how will I find a job? what if my family finds out? will I have any friends left? will I get fired? How will I make a living? all these consequences because of a misdemeanor, a poor moment of judgment. I was in full panic mode for 2 weeks, no sleep, no food, no one to talk to except my lawyer. Things got better as I focused all my attention to my job and on working to get the Pre-Trial Diversion (PTD) requirements completed.

    The new PTD requirements are made to force a confession and admittance of guilt with an apology. It was so hard finding references that I can trust to hand my future to Telling friends/references about my moral failure was a very heavy task but here I am, done. My lawyer has all the letters and documents he needs to move forward for PTD. In two days, I will have my 2nd court appearance. The 1st was just a reset. Not sure what to expect but moving on my posts will be as informative and technical as possible to capture the new PTD process for non-DUI misdemeanors if I am lucky enough to get in.

    Finding others that have been through DIIVERT and reading their stories and their daily struggles helped me get a good perspective of what to expect. I hope to help with my Pre-Trial Diversion process. Thanks again for this blog Lifelesson1.

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    1. Hi Anon,

      I know the feeling, when I got my interlock I literally cried and panicked the whole way home. I called my friends and told them I couldn't do it, that I could never survive this. That's exactly why I started this blog...so I could get it out somehow and remove the anxiety from myself onto the pages. I still believe that the consquences are quite unfair for first time offenders, and before the county and DA got money hungry we would have either just been slapped on the hand with a fine or a year probation without any other bullshit. And I do honestly think its ALL bullshit. The way my PO wouldnt show up when I came from the other side of town and missed work, how the county employees treated me was ridiculous. There has been one comment on here where someone said that the treatment was just due to the fact that we broke the law. BULLSHIT, I treat every human the same, no matter what their fault and if they do not learn from their mistake then its on them not me. Get my drift?
      Thank you for your comments and insight, you will be helping someone else who is in the same situation you are in and they will thank you.
      Pay it forward ;-)
      Please do not hesitate to comment here and let us know whats what. Again, keep your head up and remain strong. You will get through it with flying colors :)

      Cheers x

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  133. I just posted a comment about my 8th month goof-up (drinking kefir before a UA). I forgot to mention, again, that this blog is soothing. It's helpful to read others share their frustrations and disbelief. It's not a "fun" process. However, seeing your feelings/perceptions echoed by others somehow... makes it easier. The whole thing feels vindictive, heavy-handed, and money-grubbing. THANK YOU FOR THIS BLOG. And, oh how I hope that I'm allowed to complete the program. When I consider the alternatives... well, after the interlock is removed, this program isn't so bad. It's a huge relief to pass the mid-point (which is the removal of the interlock). It's the most compelling reason to abstain. Life changes. I hope that i have the chance to pick-up the pieces in four months (without a DWI on my record).

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    1. Hi, Thank you for the comment on the blog and I am so pleased that it has helped you. I know when I wrote it, that was my goal...to ease through the pain of this crap situation.
      As for your question I do not think it will show up on your UA. I took a zanax one time before my UA and it didnt show. I'm not sure if this is the same situation but there were other times I had a glass of wine etc. and it didnt show up. If it does I would be surprised. Let us know what you find out.

      Cheers x

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  135. Hi,

    I have the DWI PTI assessment on Tuesday. Can someone give me some insight on what to expect? Thanks!

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  136. I have to attend an SOP program. I didn't know what this thing was. This is my first ever offense with the law! I signed up for a course and found out it's a 90 day sobriety program. The sobriety part isn't the problem. I have to meet 2xs a week and 1a month for group. On top of this I meet 1x a month with my probation officer AND I have 24 hours of community service. I'm trying to balance a full time job and 5 children. I don't know how I'm going to fit all of this into my schedule without hindering my job. Most of the people in the class don't even have jobs and are in there for drugs. I had to take an HIV and HEP C test on the first day. I realized how intense it is so I am waiting until after the buz of the holidays to enroll again. Has anyone gone through this as part of their program that can offer advice on this intensive SOP course? Thank you.

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    1. Hi, First let me say how sorry I am that you have to go through all of this.
      It sounds like they have changed the game. All of those tests seem a bit ridiculous for the offense. All I can say is hang in there and it will be over soon. The beginning is the hardest due to the shock of everything. Unfortunately it is almost impossible to argue with the courts and probation about what tests they are requiring are legal etc. I wish I had more information for you, please let me know if I can help with anything else.

      Cheers x

      Delete
  137. I have to attend an SOP program. I didn't know what this thing was. This is my first ever offense with the law! I signed up for a course and found out it's a 90 day sobriety program. The sobriety part isn't the problem. I have to meet 2xs a week and 1a month for group. On top of this I meet 1x a month with my probation officer AND I have 24 hours of community service. I'm trying to balance a full time job and 5 children. I don't know how I'm going to fit all of this into my schedule without hindering my job. Most of the people in the class don't even have jobs and are in there for drugs. I had to take an HIV and HEP C test on the first day. I realized how intense it is so I am waiting until after the buz of the holidays to enroll again. Has anyone gone through this as part of their program that can offer advice on this intensive SOP course? Thank you.

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    Replies
    1. Hi, I am so sorry I am just now seeing this. How did it go? Are you still in the program?

      Cheers x

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    2. OMG! 1.) Why didn't I find this blog sooner?! It would have helped me so much! 2.) I don't know how this working mother of 5 was able to do it with all the obligations, especially the SOP 2x a week. I don't have any kids and I don't know how I am going to do it. Because of Harvey, my case took 14 months and I have had an interlock for 12 months. Pre-trial Probation and interlock device are now mandatory after Harvey. Now, with another 6 months of interlock, and all the additional meetings and requirements I feel like I should just go ahead and walk into work and resign. It has been a major balancing act to keep it from my work this long.

      Question - I had wine Monday night and had a UA at noon today at my initial meeting with my PO. Is there any hope that I did not fail my UA? Everything I read is so conflicting.

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    3. Hi, Sorry i didn't respond earlier. Sometimes I do not check the blog and it does not prompt me. What happened with your UA? I do not think it would have shown up, or at least I hope not. I hope it went ok.
      Cheers x

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