Can you violate probation for DUI for a dirty urine sample if you have not bin read you don't know ur conditions yet?

Asked about 1 year ago - Sarasota, FL

I meet with my probation officer for the first time in 2 weeks I do not know my conditions yet if the judge did not request random UA's will i be getting drug tested and if my probation officer request a urine sample my first meet can I get Introuble if my first sample is dirty I was on supervised release for the time inbetween I had a possession of marijuana charge that was dropped in the same case.

Attorney answers (6)

  1. George C. Mangrum

    Contributor Level 15

    15

    Lawyers agree

    Answered . Yes you can be violated. The PO can drug test you at any time and they will. It's best to stay clean at all times while on probation. Most POs and judges are not going to believe that you though that you could smoke dope while on probation, so its not a violation because no one told you. Additionally most drugs do not say in your system 2 weeks so if you test positive, the PO will know you used while on probation.

  2. Larry Thomas McMillan

    Contributor Level 15

    13

    Lawyers agree

    Answered . Yes this can be a violation of your probation.

  3. Jackson Keith Hilliard

    Contributor Level 10

    12

    Lawyers agree

    Answered . Simply put, yes. However, your probation officer will more than likely use your first UA sample as a baseline. As long as your levels are going down in the future, and your urine is not dilute, you should be okay.

  4. Roger Scott Jr.

    Pro

    Contributor Level 12

    10

    Lawyers agree

    Answered . Cannabis can show up in a urine test for quite a long time under certain conditions. Your probation cannot be violated unless they can show that you consumed cannabis after you were placed on probation. Hopefully you did not make any type of confession. You need to hire a lawyer that understands the scientific factors involved. Most attorneys do not. If you kept quiet, you could have a very strong case

  5. Majid Vasigh

    Pro

    Contributor Level 16

    8

    Lawyers agree

    1

    Answered . yes you could be charged with the VOP, but you'd have a pretty good defense at a hearing on the violation.

  6. Colleen M. Glenn

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . It order for the state to successfully prosecute a violation of probation, they must show by a perpondence of the evidence that the violation was willful and substantial. In your particular case a lot will depend on the nature of the drug that you expect may show up in your urine screening. My office routinely handles cases in Sarasota and we have offices in Bradenton and Sarasota. Feel free to contact me with any questions.

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