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Can a second failed drug test on court referral result in jail time?

Madison, AL |

I've already failed once before after my clean period. I am currently on the diversion program trying to get youthful offender which is probably out of the question, now.

Attorney Answers 3


Yes. It will be up to court.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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It's never good to fail a drug test. Make sure you hire a competent criminal defense attorney familiar with the drug testing process and they may be able to pick it apart.

Kentucky and Florida Licensed. Free consultations. 502-424-2016. Follow me on twitter: @trackmylawyer. This answer does not create a legal relationship.

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Your best course of action is to seek the professional services of a qualified criminal defense attorney that is familiar with urine screening tests. The first point to recognize is the the initial screening test is not a forensic test but an enzymatic test. There are often quality control problems in enzymatic testing. The second point is that any forensic test will utilize gas chromatography with either flame ionization or mass spectral detection. A competent attorney will know how to read and analyze GC charts. Make sure that any attorney you consult is completely familiar with GC analysis.

Under Alabama law, a probation violation hearing is afforded due process, to include notice, an opportunity to be heard and present evidence, and the right to cross-examination. However, the standard of proof is quite low and only requires "to the reasonable satisfaction" of the Court. Your best course of action to retain the best criminal defense attorney that you can afford.

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