The first thing that you should do is contact an attorney. There are usually exceptions in terms of probation for prescribed medications, so by providing a false sample, you may have just messed up your deferred - needlessly. Even if you were not allowed prescription meds, submitting a false sample is not the way to address the issue. You should also be careful about what you say on open forums such as this. Often, enough facts are provided to make it obvious to prosecutors who asked the question, and you have then admitted to the violation. There are many good attorneys in your area, and many of them will offer you a free consultation. Good luck!
Under some conditions, like a new DUI, the Judge is required to revoke your Deferred. The situation you described does not require a mandatory revocation, although a Judge could still choose to revoke it.
The things a judge will look at when deciding whether or not to revoke your deferred are: How are you doing in treatment. How many prior violations have you had. The nature of the current violation.
My advice is to get an attorney. If you have not yet finished treatment then make sure you're in compliance. Talk over the history of your Deferred with your attorney so they can advise you on what to expect.
Craig Cahoon The Cahoon Law Office, PLLC 206-795-1779 firstname.lastname@example.org
You are subject to a violation of the orders of the court and the DP but you will not be revoked unless the court finds that you violated the agreement of the DP enough. Good Luck You need an attorney.
Your situation is complex and you should contact a DUI attorney in your area who focuses on both pre-disposition and review matters for DUI clients. Whether or not you are revoked depends on several things - whether you've had any prior violations (alleged or proven); whether you are otherwise in full compliance with treatment and your probation dept.; and how long you've been enrolled in your DP program. If the answer to these questions is favorable (ie, you've completed a year or more of treatment, full compliance, no problems with attendance etc), and with assistance of counsel you can successfully lobby your treatment provider, probation officer, and/or prosecutor that this was a mistake in judgment but not an example of use, and your treatment provider supports you remaining in treatment and not revocation, then you stand a chance of not having the DP revoked. Also, you say you "just violated" your probation - if you mean it happened recently, it may make sense to immediately submit to a test that will show no alcohol or non-Rx drugs in your system. Again, I would advise you proceed with assistance of qualified counsel. Good luck.
Mr. Gerl's answers to questions are for general purposes only and do not establish an attorney-client relationship.