Failing a Drug Test on Probation

Attorney Trey Porter
Trey Porter

Failing a Drug Test on Probation

Failing a Drug Test on Probation

WHAT HAPPENS IF YOU FAIL A DRUG TEST ON PROBATION?

A failed drug test while on probation can result in a warrant for your arrest, jail time, additional probation time, additional terms and conditions, more money, and a conviction.

  • What happens if you fail your first drug test on probation? Failing your first drug test on probation can result in immediate consequences, including revocation and incarceration. Texas probation violations are very serious, and should be treated very seriously. 
  • What happens if you fail a probation drug test for weed? Marijuana remains illegal in Texas. Some probation officers will use a first failed test for marijuana as a baseline by which future tests are measured. However, the majority of probation officers will submit this violation to the court as a probation violation.
  • What happens with a 2nd failed drug test on probation? Failing a second drug test on probation results in a motion to revoke probation, also called a motion to adjudicate. This action triggers an arrest warrant without notification, and places a person at risk incarceration, and other serious penalties. Read more about Texas probation here.  

DRUG TESTING ON PROBATION IN TEXAS

Drug testing is a standard condition of probation in Texas. Most people on probation will be drug tested at some point. Judges can require random drug testing or regular drug testing as a condition of probation. Texas probation officers can request a drug test at any time for any reason. 

  • How often are random drug tests for probation? There is no set frequency for random drug testing. However, random drug tests are often requested near in time to a monthly probation appointment – either a few days before or after.
  • How long does alcohol stay in your system for a probation drug test? Everyone metabolizes alcohol differently based on a number of factors like weight and age, for example. On average, it takes about 25 hours for alcohol to completely clear the body. This article has specific information on different types of alcohol testing, what will show up and when. 

CAN YOU GO TO JAIL FOR FAILING A DRUG TEST ON PROBATION?

Yes, you can go to jail if you fail a drug test on probation in Texas. Failing a drug test is a probation violation. Failing a drug test on straight probation can result in probation revocation and jail time. In Texas, failing a drug test on a deferred adjudication probation can result in revocation, a permanent conviction, and a maximum jail or prison sentence in Texas.

  • How long can you go to jail for failing a drug test on probation? In Texas, a judge can sentence a person to jail or prison simply for failing one drug test on probation. The maximum length of time will depend on the original plea bargain agreement.
  • Can you get a maximum jail sentence for failing a drug test on probation? Yes, you can receive a maximum jail or prison sentence if you are on deferred adjudication and fail a drug test while on probation, in Texas. 

WHAT ARE FAILED DRUG TEST CONSEQUENCES?

In Texas, failed drug test consequences come with an arrest warrant, followed by a hearing where the judge can impose regular drug testing, more time on probation, court-ordered drug treatment, outpatient drug treatment, and a variety of other things depending on what you are on probation for.

  • Will a drug test be on your record if you fail? No, a failed drug test will not go on your criminal record. However, the details of the failed drug test will go on your probation record, which can cause your probation to be revoked. A failed drug test can also prevent you from getting off probation early in Texas.
  • What type of drug test does probation use in Texas? Texas probation officers use a variety of tests to monitor drug and alcohol consumption. Basic panel urine tests are most common for drug detection, while deep lung devices are most commonly used to detect alcohol. Alcohol monitoring is especially stringent for people on DWI probation in Texas. 

WHAT TO DO IF YOU FAIL A DRUG TEST WHILE ON PROBATION IN TEXAS? 

A failed drug test on probation creates a dangerous situation. The plea agreement you entered into is in jeopardy, and an arrest warrant could be issued soon. The first move after failing a drug test on probation should be to immediately contact an attorney. 

  • What to tell your probation officer when you fail a drug test? Nothing! Talk to an attorney before you talk to probation. Don’t fall for the line that everything will be ok if you tell your PO everything.
  • How long does probation take to notify you failed a drug test? In Texas, it’s common for probation to notify you immediately of a failed or diluted drug test. There is no time requirement under Texas law. Delay can happen.
  • Will your probation officer tell you if you fail a drug test? Yes, but probation officers are not required to provide notification of a failed test. They almost always do, however. In rare circumstances, the probation department will immediately file for revocation, which triggers an arrest warrant. 

CAN YOU DISPUTE A FALSE POSITIVE DRUG TEST ON PROBATION?

Yes, failed probation drug tests can be disputed in Texas. Because of the severe consequences of failing a drug test, all false positives should be challenged. Challenging drug test results is a fundamental Due Process right afforded to everyone in the 5th Amendment.

  • How to dispute a failed drug test? A failed drug test can be disputed by contacting probation and requesting to take another drug test. Time is of the essence! A second test needs to be completed as soon as possible in order to cancel out the first. 

MOTION TO REVOKE PROBATION IN TEXAS

A failed drug test can result in a motion to revoke probation or a motion to adjudicate. Once the filing is made, an arrest warrant is issued without advance notification. Clearing the warrant will require another bond and getting arrested again.

TEXAS LAWYERS FOR EARLY TERMINATION OF PROBATION

Trey Porter Law provides powerful representation for people facing criminal charges in Texas, including those seeking to get off probation early. TPL brings over 40 years of combined experience, strategic knowledge, and a hard-earned reputation of winning to every case the firm takes on. The top-rated lawyers at Trey Porter Law have a steadfast commitment to uncompromising results. 

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Attorney Trey Porter

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Trey Porter is one of the highest-rated criminal defense attorneys in Texas. Nationally recognized, Mr. Porter relentlessly fights to protect and assert his clients’ constitutional rights in and out of courtrooms across the state.

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