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tonym13
Jan 8, 2009, 10:10 PM
I was arrested for domestic and I got probation and one of the stipulations was no alcohol, and on new years I had a couple of drinks and on the second of jan. had to take a pee test which I'm sure I'll fail, because they use that new ETG and it had only been 30 hours what kind of punishment am I looking at. My suspended sentence was 90 days in jail

lilman2578
Jan 8, 2009, 10:17 PM
You don't have to worry. They will most likely reinstate you the only time u worry if u catch another charge.

JimGunther
Jan 9, 2009, 01:31 AM
I was a probation officer in Maryland for seven years and we never violated anyone on the first positive test. I suppose a judge could demand in the probation order that one test would be grounds for a violation, but I doubt it.

Here is a quote from the SAMSHA web site about the ETG test:

"ETG appears to be highly specific, similar to testing for other drugs. It is a direct metabolite and is only present in urine following exposure to alcohol. However, no forensic toxicology test is 100% reliable. Therefore, we strongly recommend that for all urine tests found to be positive that the individual be referred for in-depth clinical evaluation. It is important with any laboratory test to obtain clinical correlation!"

SAMSHA is a federal agency, the Substance Abuse and Mental Health Services Administration.

Fr_Chuck
Jan 11, 2009, 05:28 PM
Well would like to know what happened, because in spite of what was said, if you fail a test you can be revolked and the judge can give you part or all of the entire sentence.

JimGunther
Jan 14, 2009, 01:58 AM
Now wait a minute, in spite what was said above, a judge is not going to know about a positive test unless the PO reports it to the judge. In my state we were simply not required to report the first positive test unless the judge requested it in the probation order. Our program required that other sanctions be imposed before a report was written to the court, such as a counseling session or an increase in the testing schedule. Of course, the judge always has the final word in how he wants to handle his probation cases.