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What happens if you fail a drug test while on house arrest?

Lancaster, PA |
Filed under: Criminal defense

I am on house arrest for a first time DUI. I have to be on it for 15 days. When the PO hooked me up and everything she told us that if you fail a drug test while on it you will go to jail. She also said that the day I am able to get it taken off
I have to pass a drug test first. She didn't give me a drug test before house arrest at all. If I smoked marijuana a couple weeks before house arrest even started what will happen if I'm drug tested and I fail for that?

Attorney Answers 3

Posted

Marijuana shows up in nanograms on drug tests (if done with blood, urine works a little differently). If administered with urine you could just wait for the results. Or you could hire an attorney and have them explain the situation to your PO and maybe even delay the test by a couple of days. Even if you fail, you can request a hearing in front of a Judge since the Court will make the ultimate decision or any consequences, including whether or not you go to jail.

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Posted

The PO will generally be able to tell how recently you smoked. What is most likely to occur is that they will argue that it was while you were on house arrest, while you and/or your attorney will argue that it was before you started. It will be up to the judge to decide based on the evidence presented which person is believable.

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Posted

The judge will make the decision if it leads to that. Marijuana can stay in a persons system for 30 days. Depending on the amount found in your blood they can have some idea of when you smoked. Just be honest with her. If it turns into a problem hire a good lawyer and let him work it out with her and the judge.

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