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

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


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 purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.

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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.

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1 comment

Edward Jacob Sternisha

Edward Jacob Sternisha


Well said Tim!


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

The content of this answer has been prepared by Scott Legal Services, P.C. for general informational purposes only. It is not legal advice and should not be considered or relied upon as legal advice. Transmission or receipt of the content of this information does not create, nor is it intended to create, and receipt does not constitute, an attorney-client relationship. Because each matter involves differing facts, online readers should not act upon the content of this website without seeking legal advice.

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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

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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.

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