I was charged in April on 2nd DUI within 5 yr in Florida. No drug charges, only DUI. The terms of my sentence was reduced to 30 days in treatment in lieu of 10 days jail. As well as no drinking or intoxidants while on probation (8 months) with random testing. I was a regular pot user, and tested positive (pot only) when I entered rehab. After the 30 days in treatment I had a probation appt and she sent me for a testing (6days after release) I had not smoked anything for 36 days, yet tested positive and was violated for pot only, I told her I smoked before going into rehab. I was informed by PO the judge signed the warrant and have to turn myself in, bond out and go before the judge to explain. My question is, will I have to do jail time for this violation? Or additional probation? Im so scared, I have consulted an attorney, made all the necessary arrangements, have a very very good job (they hed my position while in rehab), have paid all fines, attended all DUI classes, attend weekly councling, attend AA meetings with sponsor and have abstained since leaving rehab, I also lost my driving privilege for 5 years... Im concerned the judge will give me jail time.. any advice is much appreciated thank you

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Originally Posted by concernedgal

I was charged in april on 2nd DUI within 5 yr in Florida. No drug charges, only DUI. The terms of my sentence was reduced to 30 days in treatment in lieu of 10 days jail. as well as no drinking or intoxidants while on probation (8 months) with random testing. I was a regular pot user, and tested positive (pot only) when i entered rehab. After the 30 days in treatment i had a probation appt and she sent me for a testing (6days after release) i had not smoked anything for 36 days, yet tested positive and was violated for pot only, I told her i smoked before going into rehab. I was informed by PO the judge signed the warrant and have to turn myself in, bond out and go before the judge to explain. My question is, will i have to do jail time for this violation? or additional probation? Im so scared, I have consulted an attorney, made all the necessary arrangements, have a very very good job (they hed my position while in rehab), have paid all fines, attended all DUI classes, attend weekly councling, attend AA meetings with sponsor and have abstained since leaving rehab, i also lost my driving priviledge for 5 years...Im concerned the judge will give me jail time.. any advice is much appreciated thank you

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This is another situation in which your Attorney is the person most familiar with this entire matter, including the climate in the Court, and can give the best advice.

If you are in violation, yes, there is always a possibility you will get jail time. It's your Attorney's job to make an argument that jail time will not only NOT help you, it will ultimately hurt you.

[QUOTE=Comments on this post
concernedgal agrees: Thank you, sometimes under stress common sense flys out the window. Appreciate your response.[/QUOTE]


We all have those moments - it's hard not to panic.

Hopefully you will come back and let us know how things went - and your experience may very well help someone else.

Hello gal:

In the ordinary course of events, the judge is going to believe that you got loaded when you shouldn't have...

However, I know that THC can remain in your fatty tissues for a prolonged period. I think 36 days is pretty long, but I believe it's certainly possible.

In any event, it doesn't matter what I believe. It matter what the judge believes, so you need to convince him. To do that, you need to hire an expert in the particular drug test you took, to explain to the judge that you absolutely could be dirty stemming from the time before you were on probation (assuming that it's so).

If you do that, I think there's an excellent chance that you will NOT be violated.

excon