I am on probation for felony DWI.Why do they drug test me? I understand alcohol testing but I'm not on probation for drugs.

Asked over 2 years ago - Athens, TX

I failed a drug test a few weeks ago for THC.Counselor called me in probation office the other day to talk about it,asked if I need to go to rehab.I said no because it was a one time thing and definitely not doing that anymore.She said it wasn't likely my officer will revoke me because it's the first time I've failed and I'm doing everything else I'm supposed to.I will have to go to a group relapse class for 3 months.I haven't talked to my officer yet,I am so scared.What do you think will happen?Will I get another chance or will I go to jail when I see my officer which is December 7th?

Attorney answers (2)

  1. Charles Elwood Soechting Jr.

    Contributor Level 17

    Answered . When you're on probation, especially felony probation, you are not to commit a criminal against the laws of the state of texas. Smoking marijuana is a crime. You are being drug tested because the state wants to make sure you're abiding by your terms and conditions. You might not be revoked for it, but why would you even risk felony probation revocation- that means prison time for whatever time period you were sentenced to originally.

    Be smart and make sure your PO knows you're serious about staying clean.

  2. Matthew Ryan Montes

    Contributor Level 12

    Answered . To add to Mr. Soechting's answer, the answer is that it is entirely up to the PO to inform the judge about any and all problems with your probation. The probation officer has complete latitude in this matter and can simply warn you or, as Mr. Soechting said, file a revocation. In between those extremes, the P.O. can file an admonishment where this is brought before the judge so that basically he/she can yell at you (and potentially send you to jail for a few days as "a condition of probation"), or file a modification, which is where the PO wants you to stay on probation but also wants to increase or change your supervision.

    Be up front with your PO. They hear bs from people constantly and they appreciate it when you take responsibility for your actions and your probation.

    No attorney-client relationship is established by this posting. The information provided by the this attorney on... more

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