Failing a drug test while on probation can have very serious consequences, including jail time.
There are a number of conditions you must meet while on probation. These include refraining from drug use, remaining sober, and regularly meeting with your probation officer. If you have failed a drug test while on probation, it is essential that you speak to our Austin criminal defense lawyers, who can negotiate on your behalf.
How Does Drug Testing While on Probation Work in Texas?
Drug testing is a standard condition of probation in Texas, even if the crime you were charged with is not related to drugs. Probation officers can conduct regular or random drug tests. If the offense you were charged with was drug-related, your probation officer will likely conduct tests more regularly.
Some drugs can remain in your system for longer than others. Alcohol, on average, will remain in your system for 24 hours. Other drugs, such as marijuana, can remain in your system for much longer, up to 30 days. Your system will metabolize drugs faster with food and hydration. As such, drinking plenty of water and eating regularly can help remove trace amounts of drugs. Still, the only way to guarantee you will pass a drug test is to refrain from consuming any alcohol or drugs.
Penalties for Failing a Drug Test While on Probation
The penalties for failing a drug test range from minor to very serious. The first time you fail a drug test, your probation officer may only give you a warning. These warnings are still documented in your file, so failing a drug test a second time will result in consequences that are much more severe. Also, failing a drug test the first time does not necessarily mean you will only receive a warning. The possible penalties for failing a drug test while on probation are as follows:
- Adjudication: If you were on deferred probation, it can be changed to non-deferred probation with additional conditions and terms. You may also be adjudicated and sentenced to jail.
- Altered probation: Altered probation means that you will still serve the same amount of time on probation, but you will have to meet additional conditions.
- Extended probation: As the name suggests, your probation period may be extended for longer. During this time, you will also likely have to meet other terms and conditions.
- Revocation of probation: If your probation is revoked, you must serve the remainder of your sentence in jail. If you are sentenced to jail, it will not typically exceed your original sentence. For example, if you were sentenced to one year and have served two months of probation, you may still be sentenced to jail for one year.
Our Criminal Defense Lawyers in Austin Can Help with Probation
Due to the harsh consequences of failing a drug test while on probation, a positive result can be quite scary. At Granger and Mueller, PC, our Austin criminal defense lawyers can negotiate with the prosecutors on your behalf to ensure you receive the help and support you need and not an additional punishment. Call us now at (512) 474-9999 or contact us online to schedule a consultation and to learn more about how we can help.