What will happen to me if i fail my drug test for probation?

Asked almost 2 years ago - Atlanta, GA

the probation is for a dui i got its my first ever an the first time ive ever been put on probation an its also my first drug test . . i dont know what to do the county its in is clayton county ( forest park, Ga. plz help me an tell me what could happen to me . could i go back to jail

Attorney answers (5)

  1. Noah Howard Pines

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . Yes, if you fail a drug test while on probation you can have your probation revoked and go to jail. Hopefully you did not admit using drugs to your probation officer as many of the drug tests used by the probation department are not admissible in court. Feel free to call me at 404-812-4305 if you have any questions regarding this issue.

  2. Robert M. Gardner Jr.

    Contributor Level 18

    5

    Lawyers agree

    Answered . A failed drug test could be a basis to revoke your probation and send you to jail. As Mr. Pines stated, do not admit anything and hire an attorney if they file a probation revocation action.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more
  3. Zachary Walter Procter

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . Yes, you could very well pend some time in jail for failing a drug test while on probation. it all depends on the judge. I know judges who order 30 days of jail no questions asked for a dirty screen and I know others who will give you one strike. You should consult a lawyer in Clayton County.

  4. George F. Mccranie IV

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . Simple answer - Yes, you can have your probation Revoked for failing a drug test. The Judge determines the punishment for a Probation Violation. Some Judges will throw the book at you and others take a less severe stance on this type of violation.Please follow this advise, do not admit to drug use to your probation officer!!! Many times the specific types of drug tests used by the probation office are not admissible in court. Additionally, the amount of time that you have been on probation may have an effect Oma dirty drug test result. If you have only been on probation for a short period of time a dirty drug screen (usually for Marijuana) may not be held against you. However, if you have been of probation long enough for the drug to have metabolized out of your system, you could be in serious trouble. I would advise you to consult with an experienced criminal defense attorney that regularly practices in your sentencing court. I hope this information has been helpful. Good Luck!!! George McCranie IV

    The information provided in this response to a question is not legal advise and is provided only for general... more
  5. Charles K. Kenyon Jr.

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . If you just started probation they may give you a bit of slack on this test. However, probation means you have already been convicted of a crime. You have one foot in the jail cell already!

    Talk to a lawyer about this. Refusing to give a statement to your PO can also be a grounds for revocation.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more
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