Failing a drug test during probation in California can lead to consequences that will harm your future, including potential jail time and extended probation. The exact repercussions depend on your specific probation terms and overall compliance record.
Are you on probation in California and worried about the consequences of failing a drug test? This is a situation where you will want a Los Angeles DUI lawyer before your probation hearing. Violating a drug test on probation is a severe breach of probation.
Here’s what you need to know about the consequences and how to protect yourself if you’ve failed a drug test while on probation.
What Happens if I Fail a Drug Test While on Probation?
Failing a drug test while on probation typically results in a probation violation, which can lead to various penalties ranging from warnings to jail time. Your probation officer may report the failed test to the court, triggering a probation violation hearing.
Depending on the circumstances, you might face various penalties. These can range from a warning or increased supervision to more severe consequences like additional probation terms, fines, or even jail time.
The consequences you will face for your probation violation can vary based on factors such as your probation terms, the type of drug detected, and overall compliance with probation conditions.
Can I Go to Jail for Failing a Drug Test During Probation in California?
Yes, jail time is a possible consequence for failing a drug test while on probation, although it’s not an automatic outcome. The court has judicial discretion in deciding the appropriate penalty.
In some cases, the court may consider alternatives to jail, such as increased drug testing, mandatory substance abuse treatment, or community service. Working with an attorney can help persuade the court to lean towards these options instead of sending you to jail.
What Are My Rights If I Fail a Drug Test on Probation?
If you fail a drug test while on probation, you retain essential legal rights, including the right to due process and legal representation. You have the right to a hearing before a judge where you can present your case.
You also have the right to legal representation. We recommend exercising this right and working with an experienced attorney who can help protect your interests and potentially mitigate the consequences.
Additionally, you have the right to challenge the test results. This can include questioning the testing procedures, chain of custody, or requesting a confirmatory test. An attorney can help you determine if challenging the results is a viable option in your case.
Challenging the Results of a Failed Drug Test
There are several grounds on which you might discredit the test results:
- Testing errors: You can challenge the accuracy of the testing procedure or equipment.
Chain of custody issues: Problems in how the sample was collected, stored, or transported could affect the validity of the results.
- False positives: Some substances, including certain medications, can cause false positive results for illegal drugs.
Challenging the test results often requires expert testimony. This is another reason why working with an experienced attorney is crucial. They can help you determine if challenging the results is a viable strategy and have access to experts who can testify about any flaws in your test.
What Should I Do if I Know I’m Going to Fail a Drug Test During Probation in California?
If you believe you’re going to fail an upcoming drug test during probation, take these proactive steps to begin work on reducing the consequences.
- Consult an attorney: Contact an experienced criminal defense attorney immediately. They can advise you on the best action and help mitigate the consequences.
- Seek help: Consider enrolling in a substance abuse treatment program voluntarily. This demonstrates a commitment to addressing any underlying issues and can be viewed favorably by the court.
- Be honest with your probation officer: Your attorney may advise you to confess to your probation officer. While it may seem counterintuitive, being upfront about your situation can sometimes work in your favor. It shows accountability and a willingness to address the issue.
Attempting to cheat on a drug test or avoiding it altogether can lead to more severe consequences than failing a test. It’s always better to address the situation head-on with professional guidance.
Contact a Los Angeles DUI Lawyer for Help With Your Case
Failing a drug test while on probation in California can have serious consequences and extend your sentence. With the right approach and legal guidance, you can work towards the best possible outcome with the court.
At Los Angeles DUI Attorney, we’ve helped numerous clients connect with highly-rated, local DUI lawyers. Contact us today if you’ve failed a drug test during probation or believe you might fail an upcoming test.
