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. A positive test marijuana can sometimes be the exception.
- What happens if you fail a probation drug test for weed?Marijuana remains illegal in Texas. However, some probation officers will use a first failed test as a baseline by which future tests are measured.
- What happens with a 2nd failed drug test on probation?Failing a second drug test while on probation will result in the filing of a motion to revoke probation, which triggers an arrest warrant. Learn more.
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. However, even if not ordered by the judge, a probation officer may 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?It takes about 25 hours for alcohol to completely clear the body. Everyone metabolizes alcohol differently. Ultimately it varies. Learn more.
CAN YOU GO TO JAIL FOR FAILING A DRUG TEST ON PROBATION?
In Texas you can go to jail if you fail a drug test on probation. Failing a drug test is a probation violation. Failing a drug test on straight probation can result in probation revocation and a jail or prison sentence. Learn more.
Failing a drug test on a deferred adjudication probation, can result in revocation, an adjudication of guilt that results in a permanent criminal conviction, and a maximum jail or prison sentence in Texas. Learn more.
- 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?In Texas, you can receive a maximum jail or prison sentence if you have received deferred adjudication and fail a drug test while on probation.
WHAT ARE FAILED DRUG TEST CONSEQUENCES?
In limited circumstances, probation officers may ask a person to agree to increased conditions or length of probation. This is a tricky tactic, and you should never, ever, under any circumstances sign a document that impacts probation conditions or term without first consulting an attorney. Learn more.
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?It is critical to consult with an attorney before speaking with probation after a failed drug test. 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, there’s no set time that probation must notify someone of a failed test. However, it is common that probation will provide notification immediately upon receiving a failed or diluted drug test.
- Will your probation officer tell you if you fail a drug test?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. In this scenario a person will not find out the details or results until the court process begins.
CAN YOU DISPUTE A FALSE POSITIVE DRUG TEST ON PROBATION?
A failed probation drug test can be disputed in Texas. Because of the severe consequences of failing a drug test, all false positives should be challenged.
- What happens if you fail a drug test?Probation officers take action to notify the State prosecutors and court after a failed drug test. This action has immediate and potentially harmful consequences. It is important to get ahead of this action.
- 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. Learn more.
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WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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