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.
