What happens if i fail a drug test while i'm on probation?

Asked almost 2 years ago - Adrian, MI

I am on probation. I used something to flush whatever may have been in my system before going in to test. The next day, I paid all of my fines off and I was told that I didn't have to come in to test anymore. I decided to be dumb and celebrate that by smoking. 2 hours later my probation officer called me telling me they found an abnormal amount of creatine in my urine, which might be a sign of flushing so they need a new test. I have less than 4 months left out of a year of probation, and have all of my fines paid off. What are the possible outcomes of a positive test?

Attorney answers (5)

  1. Edward Jacob Sternisha


    Contributor Level 17


    Lawyers agree

    Answered . The most possible outcome is jail. If your probation officer feels you violated your probation, you can be headed for jail. Attempting to falsify a drug test can be a violation as well as now testing dirty from your "celebration." You should call a criminal defense attorney right away because it is wise to have help at your hearing. You can find a criminal defense attorney here on Avvo if you do not already have one. Good Luck!

    The comments listed here do not create an attorney-client relationship. The comments are for informational... more
  2. Timothy J. Klisz


    Contributor Level 18


    Lawyers agree

    Answered . Beyond court, you really need drug counseling, inpatient or something. People do not "celebrate" getting off of drug testing by using more drugs. If you have a legitimate medical condition, speak to your doctor, but otherwise, this sounds serious.

  3. Marc G. Beginin

    Contributor Level 9


    Lawyers agree

    Answered . The judge has many options for dealing with your prospective violation of probation, including:

    - revocation of your probation;
    - jail;
    - substance abuse treatment (in or out patient);
    - extending probation;
    - community service;
    - more frequent drug testing; or
    - a combination of some or all of the above, plus other creative things you won't enjoy.

    If you were under a deferred sentence program to keep this off your record (e.g., MCL 333.7411 or HYTA), the judge may revoke that status as well.

    You have a right to an attorney at all stages of the proceedings against you and a right to a probation violation hearing. You really need to retain an experience criminal defense attorney to minimize the impact of your faux pas.

    Marc G. Beginin, PLLC

  4. Matthew S. Abdo


    Contributor Level 10


    Lawyers agree

    Answered . There are factors that, in my opinion, will play into the outcome of this. First, you should know that with probation violations you can face up to the maximum term of jail on the underlying sentence. For that reason this is NOT something to take lightly. Some considerations;

    - Is this a first offense?
    - Is this a felony?
    - Is this a drug crime?
    - Is this a first violation?
    - Are your fines paid? (this may play favorably)
    - Are you involved in treatment/counseling?
    - Have there been other failed tests?

    Whether or not you are looking at jail will weigh heavily on the policies of the Court and probation department. If you are violated the Judge will look to probation to make a recommendation. You want a lawyer practiced in the Court your case is out of. Good luck.

  5. Ian Edmund Scott

    Contributor Level 12


    Lawyers agree

    Answered . This is a crime so you would be in violation of your parole..you should get a criminal lawyer.

    The content of this answer has been prepared by Scott Legal Services, P.C. for general informational purposes only.... more

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