New York judge Leticia Astacio has been accused of violating the terms of her probation after her alcohol monitoring ankle bracelet reported a high level of alcohol in her blood

A New York state judge recently released from a jail sentence following a drunk driving conviction has allegedly violated her probation by drinking again.

Rochester City Court Judge Leticia Astacio received an early release from jail on July 13 and, within days, according to court documents, is said to have violated the terms of her probation, which stated that she wear an alcohol monitoring bracelet — a transdermal testing SCRAM device — and abstain from any alcohol consumption.

Astacio, who was elected to a 10-year term in 2014, is due back in court today to face the probation violation charges.

According to documents reviewed by the Democrat & Chronicle, her probation officer reported that Astacio failed to plug in the SCRAM's base unit when released. Then, over the course of her first two days of freedom, the device detected a peak blood alcohol concentration of .127 per cent.

In New York, the legal BAC limit for being charged with driving while intoxicated is posted as .08 per cent.

Both offenses are considered a violation of the terms of her three-year-long probation period.

When queried, Astacio reportedly told her probation officer that the alcohol spike was due to the use of a cosmetic foot peel cream which contained a high level of alcohol.

Astacio was convicted of drunk driving and sentenced to serve 60 days in jail. She was released early for time already served on July 13 and given three years probation

Two days after her release from jail, Astacio's probation officer said that the alcohol-testing SCRAM device (seen here on her ankle) reported a blood alcohol content level of .127 per cent. In New York, the legal BAC limit for a DWI charge is .08 per cent

WHEC reports that when recording the presence of alcohol, the SCRAM device does not differentiate alcohol present in drinks and in things like lotions, body washes or household cleaners. It is then up to experts to determine what specifically set off the SCRAM's positive alert.

While Astacio's lawyer denied that the result was due to drinking alcohol, prosecutor Zach Maurer told WHEC that he was told the results were 'consistent with alcohol consumption, as opposed to some alcohol coming into contact with the device.'

Even if it turns out that the SCRAM results were due to an overenthusiastic application of a foot sloughing lotion, authorities said that defendants issued SCRAM devices are asked to read a list of banned, non-consumable substances that contain alcohol and then sign a clause acknolweding that using those substances constitutes a probation violation.

The Democrat & Chronicle reported that upon being told that she would be receiving a 60 day jail sentence and three years probation during her July 6 sentencing hearing, Astacio's lawyer, Mark Young, told the court that she was 'not willing to do probation' and that 'she will violate probation the moment you put her on probation.'

In response, the judge said that he would then see her in court again.

Prior to her conviction, Astacio failed to report for a random urine test following her February 2016 arrest for drunk driving. She claimed that she was unaware of the notice to appear for the test because she was traveling in Thailand at the time

Astacio (pictured with former attorney Ed Fiandach) has continued to receive her $174,000 judge's salary despite having been stripped of judicial duties following her arrest

Astacio made headlines after being arrested for drunk driving in February 2016, then claiming she skipped a random urine test — a condition of her discharge — on May 2 this year, due to being unaware the request came in because she was traveling in Thailand.

She then failed to appear in court on May 30, resulting in a judge issuing a bench warrant for her arrest. Upon landing in the US, she was was taken into custody, where she remained until her July sentencing date.

Astacio was released from jail early, after having been given credit for time already served.

At her sentencing, Astacio told the court that it has been painful to be derided as the 'hashtag drunk judge' on social media.

Astacio has continued to draw a $174,000-a-year paycheck, even though she's been stripped of her judicial duties for driving drunk to work and being jailed for skipping the court date.

Since Astacio holds a 10-year term tenure as a judge, only the state Commission on Judicial Conduct can remove her from the bench. The commission won't say if it's investigating, and any action could reportedly take years.