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WHAT HAPPENS WHEN YOU FAIL A DRUG TEST ON PROBATION

Admin • March 18, 2018
Failed Drug Test Result — Eau Claire, WI — Cohen Law Offices
While you are on probation for a DUI, it is likely that you'll need to take mandatory drug tests. These drug tests can be done by surprise, and it is possible for them to come up as failed incorrectly. Violating probation could potentially lead to you being sent to finish the rest of your sentence in jail, but don't panic. With the help of legal counsel, you may be able to serve out the rest of your probation.

YOUR PROBATION OFFICER CAN FILE FOR A COURT HEARING

Your probation officer can let you off with a warning or may file for a court hearing. If you get a warning, you don't need to proceed further. Your probation officer will tell you what you need to do. For the most part, this could include some additional restrictions on your probation, such as being home at certain times of day or going to additional AA meetings.

A court hearing is greater cause for concern. This will be a court hearing to determine whether your probation should be revoked. This will be scheduled just as any other court hearing, and you will want to have an attorney represent you. 

If your probation is revoked, you will need to serve the rest of your sentence in jail or in prison, depending on the length. However, the probation officer themselves generally cannot revoke your probation — it has to go through the court process.

This gives you an opportunity to show your innocence. Not all positive test results are legitimate and there could be certain mitigating factors. 

A JUDGE WILL HEAR YOUR CASE IN COURT

Once your probation officer has scheduled a court date, you will need to prepare. You will either need to show that the failed drug test was in error or simply explain your side of the story to the judge. 

The judge will use many factors to determine whether you should have your probation revoked, such as how you have performed on probation thus far, and how long you have been on probation. If you have very little of your sentence left to serve, a judge may be more inclined to let you off with a warning. Likewise, if you've been otherwise exemplary on probation, the judge may reward your past behavior.

If your probation is revoked, it can lead to a warrant being placed for your arrest. It is important to resolve these warrants with the help of your attorney as quickly as possible, as otherwise, you could end up spending a significant amount in warrants and fines. 

YOU CAN APPEAL YOUR CASE

If you have had your probation revoked, you can still appeal. An appeal is generally filed when you have reason to believe that the hearing itself was somewhat flawed. For example, if you believe that you can show that the original drug test was incorrect.

Mistakes do happen at labs and there are some things that can create false positives, such as eating poppy seed muffins and then taking a drug test. However, these mistakes are so rarely seen in court that it can be very difficult to argue for unless you have a very persuading case and a very persuading attorney. 

If you do end up going to jail due to a failed drug test, you will get credit for the time served while on probation. However, that is a last recourse. An experienced defense attorney can help you find options to avoid jail and continue recovering from your DUI. If you're currently facing a DUI or potential revocation of your probation, contact Cohen Law Offices LLC.
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