Can my probation officer put me in jail for not being able to urinate for a drug test?

Asked almost 3 years ago - Athens, TX

I reported the other day and had to take a drug test.I was having trouble getting enough urine out to take the urine test.My officer was about to put me in jail.This scared me to death!I have no drugs or alcohol in my system.Can they do this?It doesn't seem right.I guess they can do whatever they want though.If this does happen,what would be my chances of getting out of jail.I'm on DWI felony probation.Help!Any suggestions?Luckily,I finally was able to go 3 minutes before the time he told me I had to go.

Attorney answers (1)

  1. Patrick Karl Short

    Contributor Level 3

    Answered . Given that you are felony probation you have to make sure that you abide by all of the terms and conditions of your probation. That means that if you violate even one term and/or condition of probation (community supervision as it is now called) a motion to revoke your community supervision can be filed by the District Attorney's office based on your noncompliance with your probation officer. Typically, it is the probation officer who notifies the prosecutors' office and they file the motion, seek to get a warrant and then you are arrested based on that warrant. You are entitled to a hearing before the court where you were placed on probation. I would recommend following up with your trial attorney and keeping them aware of what is going on with your probation to make sure that you are in compliance with your court ordered community supervision. This is a general answer and not case specific so seek the advice of your trial lawyer who helped negotiate your initial probation offer and plea.

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