I'm 19 and I got a DUI and was put on probation. Before I got in trouble I smoked weed everyday since I was 15. I stopped when I got in trouble but I just got news that I did not pass my first drug test and I'm worried that I won't pass my second one because of residual weed in my system. I am making all a's and a sophomore in college, this is my first offense. I have quit all partying and everything that comes along with it. I have completely turned my whole life around. I am just wondering what punishments I am looking at if I happen to not pass this next test? I also have one of the best lawyers around my area. Thanks.
Criminal Defense Attorney
If you're on straight probation for the DUI (or DWI, depending upon what you were actually convicted of given your age) a failed UA COULD cause you to be revoked. But if it was your first UA and you truly haven't been smoking since being placed on probation, your PO might look past it. If he/she doesn't, you'll be arrested on a warrant for a motion to revoke and will need a lawyer to convince the DA or judge to not revoke you. Most likely nothing wil happen, but some courts are zero tolerance. IF you truly haven't smoked since being placed on probation I suggest telling your PO that it is residual MJ in your system. If you have been smoking or keep smoking, don't tell your PO anything, rehire your lawyer and prepare for the motion to revoke.
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Criminal Defense Attorney
You may not know it, but drug testing these days is extremely sensitive. A probation officer who is supervising a DWI probationer with a hot test on the FIRST test, in my experience looks to see if the test appears to indicate very recent use of MJ. Be aware that tests can now detect recent use of alcohol even after you have sobered up. Typically what the probation officer is looking for is for use AFTER going on probation. On the other hand, if you keep hitting hot for weeks after you go on probation, and if you levels do not decrease in the ways that the probation department expects for someone who has quit before going on probation.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.