If found guilty of DUI and placed on probation, what would happen if I test positive for drugs.

Asked almost 4 years ago - Savannah, GA

If I am found guilty of DUI and placed on probation, what happens if I show positive for marijuana, if I smoked before being arrested, but not smoking after being arrested or put on probation? It is my understanding that marijuana stays in your system for a period of time. Will this cause me to get violated?

Attorney answers (4)

  1. Matthew Wayne Kilgo

    Contributor Level 8

    Answered . Consult with a GEORGIA lawyer. Only a local attorney will know your judge and the proper answer to the issues you are facing.

  2. Richard Scott Lawson


    Contributor Level 11

    Answered . When facing a probation violation, you need counsel in order to protect your rights

  3. John C. Collins


    Contributor Level 8

    Answered . Most Courts are very aware of the time marijuana stays in your system. If you test positive at your first visit they may use that as a baseline to determine future results. If, however, you try to state it is old use outside the time period generally recognized you may find yourself in trouble. Honesty is usually the best policy in those situations. If you tell your probation officer that you are likely to flunk the test because you used marijuana prior to the Court date you are likely going to ok. That being said, like every other profession, sometimes you run into someone that is incapable of using good reasoning skills.

  4. Garry Lee Potts

    Contributor Level 14

    Answered . You aren't the first pot smoker the drug counselors and probation officers have run across. Just let them know you may have been exposed to marijuana in the past but not since your arrest. If you test positive they will expect that it will decrease to zero on subsequent tests. Most DUI cases take months before you get on probation, so you should be aware that they might not believe you still have cannabanoids in your system since before your arrest.

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