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blu_miles · Jun 12, 2008, 06:22 PM

If I was put on probation for the first time ever and had to report 1 week later and had to take a drug test could I violate my probation if I tested positive for drugs?

Fr_Chuck · Jun 12, 2008, 07:10 PM

Well let me see, you have been arrested, either found guilty or plead guity, went to court and given probation,
So during all of the time you were going to court you were using drugs?

Can you, yes, will they normally they will wait for one more time, but you have just burnt up one chance, or they will send you back for a closer level of probation.

twinkiedooter · Jun 13, 2008, 11:32 AM

They can and will test you for drugs. If you come up dirty, you may have a problem on your hands the next time you have to appear at the PO office.

JudyKayTee · Jun 13, 2008, 05:22 PM

Originally Posted by blu_miles

if i was put on probation for the first time ever and had to report 1 week later and had to take a drug test could i violate my probation if i tested positive for drugs?

Of course. That's why they test you. If nobody cared if you're using, nobody would test.

confused1145 · Jun 13, 2008, 05:49 PM

Absolutely! If this is your first visit they probably won't give you any chances. You may get lucky, but at this point you can't bet on it.

JimGunther · Jun 27, 2008, 08:13 AM

I was a probation officer for 13 years. In my state they can't test you for drugs unless the court orders it Perhaps in other states it is a standard condition of probation. It is a violation of probation to come up positive on a drug test while you are on probation, but think about that for a minute. If this is your first visit, you may have just been placed on probation in the last few days before the visit and traces of marijuana can stay in the blood for two weeks or so. That means that if the drug discovered is marijuana, you may not have violated your probation by testing positive for it on your first visit because it cannot be proven that you used while on probation.

There is a lot of variation in how many positive drug tests constitute a reportable violation of probation, and in my state, the first one on the first visit doesn't count anyway, but it provides valuable information to the supervising agent about the type of person they are dealing with and suggests measures that might be taken to deal with it.

In other words, your question can't really be answered because it varies from state to state and from judge to judge. I have dealt with judges who want to see a person go to jail on the first positive drug test.