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

Mckinney, TX |

im waiting to go to court, i get drug test twice a month. So i guess im kind of like on IPC? but anyways i smoked pot on friday, i was only high for bout an hour, my drug test is on wensday, ive been trying to drink alot of fluids, and been taking niacin 250. I was not arrested for drugs, but i was guilty by assosiation to aggrivated assault. what will happen if i fail this drug test?

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Attorney answers 2


It's going to be a violation of probation. Depending on the type of probation you're on and how your PO is, it could land you back in court where you could have your probation modified or revoked, landing yourself in jail. At a minimum, if you test positive, your PO will document it and should you land in court later for a hearing in front of the judge, it'll come up.

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If you fail the UA, a number of things could happen. I will list them in order of increasing severity:
1) Your PO will do nothing but make a notation in your file and give you a stern lecture.
2) Your PO will add a sanction onto your community supervision. This could be anything from a weekend in jail or more, additional community service hours, and additional class, or attending a specified number of Narcotics Anonymous meetings. This sanction will remain in your file, but the PO does not need to file a formal motion.
3) Your PO files a Motion to Revoke, at which point in time the district attorney or the judge will agree to continue your on probation, amend the conditions of your probation, or revoke your probation entirely.

If this is your first violation and everything else is going well on your probation, your PO will probably issue a sanction rather than file a Motion to Revoke. The chances that she attempts to revoke you go up, though, if you are behind in other aspects of your probation. Are you up to date on your community service hours? Are you caught up on payments? Are you showing her that you are making an effort with ALL of the conditions, including making all your appointments with her and holding down a job? She is going to look at the whole picture of your progress, and if the whole picture is good, with one minor set back, then you are probably looking at just a sanction. If the whole picture shows that you are struggling, then a dirty UA is much bigger deal.

My advice to you is to make sure that you show up to that appointment, even if you think you will fail. When you no - show, the PO's know what's up. They know that you aren't there because if your were you would probably pee dirty. It shows that you don't value their time and makes it look like you are not taking probation seriously. So go, but once you are there, you have a decision to make. You can take the test and risk failing, you can refuse the test and admit that you used, or you can refuse the test without signing an admission (they consider this as basically the same thing as an admission - it still counts heavily against you). None of these is a great option in all honesty. You are on probation for a second degree felony. The very best advice I, or anyone else, can give you is stop using weed and stop hanging around those who do. It's not worth prison time.

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