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Heidi Heidi
Member since:
April 18, 2008
Total points:
1,363 (Level 3)

Resolved Question

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What happens if you fail a drug test on probation?

If your on probation and you get drug tests every month, what will happen if you fail one?
Angela by Angela
Member since:
September 18, 2006
Total points:
142 (Level 1)

Best Answer - Chosen by Asker

They will revoke your probation and make you serve the remainder in jail. Depending on the county and whether or not your probation was a misdemeanor or a felony, you could qualify for 2 for 1 on good behavior.

Jail is a terrible place. If you are this addicted to drugs that you want to do them even though you're on probation and the certainty of jail time, you need to do some serious drug counceling.

Source(s):

My bf went to jail for 2 months to serve out the rest of his probation. It was horrible for him, me, and his family and all of us that cared about him. We didn't even know he was using.
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Other Answers (12)

  • Alicia by Alicia
    Member since:
    April 01, 2008
    Total points:
    675 (Level 2)
    You are in violation of your probation. Your Probation Officer will write a violation report, the report will go to the judge probably at a court hearing (at which you will be at), and the judge will decide what to do. It can range anywhere from revoking your probation to just giving you a warning. It also depends on how many positive drug tests you have had, if you had or have a drug history, etc. It is all up to the judge. It also depends on your state, some states are more liberal than others.
  • MisterShipWreck by MisterSh...
    Member since:
    December 06, 2007
    Total points:
    6,868 (Level 5)
    Typically - on your first 1 - you will be referred back to treatment. I have worked in 4 different probation departments, and usually you are not taken back in front of the judge for the very 1st positive UA unless there are a bunch of other issues.

    Know that sometimes, in addition to being directed back to ciunseling, I will sometimes offer a sanction - such as 1 or 2 weekends in jail (in circumstances where I think it is warranted). The person can either willingly sign the paperwork, or then I will take them in front of the Judge if they refuse.

    Source(s):

    16 years in criminal justice - the last 7 as a Texas probation officer.
    • 1 person rated this as good
  • littlelamb36 by littlela...
    Member since:
    February 02, 2008
    Total points:
    741 (Level 2)
    if you had any time left on your sentence you can and will be charged first of all with a new crime which is doing illegal drugs, you will go to court and because you are on probation can get the max for the current offense as well as have the last sentence added on for you to serve.
  • trooper3316 by trooper3...
    Member since:
    April 20, 2006
    Total points:
    146,508 (Level 7)
    The maximum punishment for any violation of your rules of supervision would be jail time for the remainder of your probation.
  • 2gadoo by 2gadoo
    Member since:
    October 10, 2007
    Total points:
    7,907 (Level 5)
    Depends on your proby officer. How well he likes you or trust you. Your options would be go to a rehab program or jail.
    They usually give you another chance before jail but you do more proby time which means more test.
  • Daniel P by Daniel P
    Member since:
    April 19, 2008
    Total points:
    106 (Level 1)
    next time you have to test if your dirty be honest with the probation officer in most cases they will give you the benefit of the doubt. or you can run from them
    • 1 person rated this as good
  • CHUCKSTER by CHUCKSTE...
    Member since:
    June 22, 2006
    Total points:
    345 (Level 2)
    You Violate Your Probation You Could Have Probation Revocted And Go To Jail
    • 1 person rated this as good
  • 100% ♥Creole♥ by 100% ♥Creole♥
    Member since:
    June 22, 2007
    Total points:
    63,631 (Level 7)
    YOU DO NOT PASS GO, BUT GO STRAIGHT TO JAIL.

    p.s. marijuana is the drug that stays in your system the longest (30 days plus)
  • Russell P by Russell P
    Member since:
    April 04, 2008
    Total points:
    736 (Level 2)
    You go to prison . Probation is a warning sentence and if you screw that up you are screwed .
  • mr. wiseguy by mr. wiseguy
    Member since:
    April 17, 2008
    Total points:
    295 (Level 2)
    i got 8 more months of probation. thank god i didn't go back to the slammer.
  • Jim Bob by Jim Bob
    Member since:
    August 28, 2007
    Total points:
    82,950 (Level 7)
    You could be sent to jail..
  • Rusty Brains by Rusty Brains
    Member since:
    April 06, 2008
    Total points:
    1,659 (Level 3)
    you go back to prison to complete your sentence.....at least in California you do....good luck

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