It is usually, but not always, one of the standard conditions of probation. It should be in your final judgment paperwork. Check there first. In the meantime, you shouldn't do anything to endanger a violation of probation. Finish all your conditions and you may be able to get off probation early.
Whether you get tested or not, the good news is that most probationers usually (but not always) get a reinstatement for a first VOP due to dirty urine. Of course, all this depends on the facts of your underlying case and your other criminal history, if any.
Plus, if you have never been instructed in the rules of probation you can't be violated. However, I am sure you probably knew not to commit a new law violation, such as possession of marijuana, cocaine, or whatever.
The best advice I can give you is to take the high road... no pun intended. Don't illegally use drugs while on probation. If you have a problem and can't stop, get treatment. This way any violation can be mitigated by the fact that you are trying to help yourself. Most judges will get behind a person who self-admits into rehab, other facts/circumstances permitting.
Let me know if you end up with a VOP... I would be glad to offer you my services.
The other answers are correct in that you need to see what the Judge ordered as far as any special conditions go. A lot of times a Judge will not violate you if you have a first time positive drug test, they will simply write a letter admonishing you and telling you that there will be a violation if there is any other issues. However, it's best to not even get in that situation to begin with because the potential for a violation is certainly there. If you were never given the conditions of your probation you will have an argument for any violation. Usually, with DUIs drug tests are only involved if there were allegations of drugs being involved. The best advice is to refrain from using any illegal drugs since you are under watch and could be subject to jail time. It's just not worth it.
Drug testing is a common component of DUI probation. As noted by others, check your paperwork for the specific conditions however, you are instructed to remain free from new law violations as a general condition, so any test given that's positive for an illegal drug could be seen as a violation of that general condition, so don't take any chances.
Usually, at least in my circuit, probation is pretty forgiving a positive first test. There seems to be an unwritten "first positive test free" policy. This may because some substances, such as marijuana, take so long to clear your system. Also, it provides offenders with full notice and disclosure on the testing policy - future tests must be negative.
All that being said, violations of probation must be shown to be willful and substantial, so if you were not informed there are arguments to made along those standards.
The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.
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