Failing a Drug Test on Probation

getting-arrested-after-probation-violation

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.

Two Paths to Probation

If you are on probation in Texas, one of two things has happened:

  1. You received Deferred Adjudication and are serving a probation term. Successful completion will result in your case being dismissed and no conviction appearing on your record (go here to find out more about potentially “sealing” your record); or
  2. You received some type of sentence for your offense and that sentence has been probated for a period of time (for example, you may have been sentenced to 6 months in the county jail, but the sentence is probated for a period of 18 months).

Drug Testing on Probation

Everyone on probation in Texas is susceptible to being drug tested. Sometimes the judge orders random or regular drug testing. However, a probation officer may test any at any time for any reason.

While conditions will vary from county to county, in Bexar County probationers are not allowed to drink alcohol – even if you’re over 21 years old, and even if you’re on probation for something that has nothing to do with drugs or alcohol.

So, when you get “drug” tested in San Antonio, they’re also testing for that Lone Star or glass of wine you had last night.

Probation sucks.

Ignition Interlock, SCRAM, & Smart Start Mobile

In addition to your other terms and conditions, you might have a monitoring device like the ones listed above. The consequences for skipping one of these tests, or having a high or positive reading from one of these devices is just as bad as failing a drug test.

What Happens if a Violation Report is Submitted?

In Bexar County, Violation Reports are handled differently from court to court. Some judges are more lenient than others. If you know your probation officer is going to submit a violation report to the court, you need to contact an attorney ASAP.

Motion to Revoke Probation

A failed drug test or Violation Report from a monitoring device can result in a Motion to Revoke Probation (MTR). Once an MTR is filed, a warrant is issued for your arrest.

This sucks for a number of reasons, the first of which is that you are not immediately notified. It requires you to post another bond, which means more time and more money.

A warrant for your arrest can also result in another trip to the Bexar County Magistrate office. They’ve really earned their 1.8-star rating on Google.

Bad situations like this can be made better by hiring someone that has experience in these situations. Click here to read more about MTRs and then give me a call.

Failed Drug Test Consequences

If the State doesn’t file an MTR in your case, the friendly folks at the probation department may make a recommendation to add additional terms and conditions of your probation.

This could mean taking regular drug tests instead of every-now-and-then drug tests. It could also mean having an ankle monitor like the SCRAM device that costs a lot of money and really limits your wardrobe options, as well as measuring your perspiration for alcohol 24/7.

What to do if you Failed a Drug Test while on Probation?

Schedule a free consultation with me today. It’s always best to be one step ahead of the State in these situations. Getting ahead can sometimes prevent a warrant from issuing. Give me a call at 210-920-1281, and let me get to work for you.

Failing a Drug Test on Probation

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Successful Cases

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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If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.

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