What if I Failed a Drug Test on Probation in Woodbridge?

Failing a drug test while on probation is considered a “technical violation” in Virginia. This means that you cannot be sent to jail for a first offense. However, a second (or subsequent) offense can result in jail time, and probation violations can potentially have other consequences as well. If your failed drug test leads to an additional drug-related charge, you could also face additional penalties in court. An experienced Woodbridge probation violation lawyer can help you understand the specific risks you are facing.

Drug testing is a common probation requirement in Virginia. Judges routinely require probationers to take regular drug tests and submit their test results to their probation officer.

In general, violating the terms of your probation can have serious consequences. So, what happens if you fail a drug test while you are on probation? Are you at risk of being sent to jail for your probation violation? Do you need to hire a Woodbridge probation violation lawyer to represent you?

What Are the Consequences of Failing a Drug Test While on Probation?

In Virginia, all probation violations fall into one of two categories: (i) technical; or, (ii) non-technical (substantive). Failing a drug test is classified as a technical violation under Section 19.2-306.1 of the Code of Virginia:

“For the purposes of this section, ‘technical violation’ means a violation based on the probationer’s failure to . . . (vi) refrain from the use of alcoholic beverages to the extent that it disrupts or interferes with his employment or orderly conduct; [or,] (vii) refrain from the use, possession, or distribution of controlled substances . . . .”

This has important implications. Most importantly, technical violations do not carry jail time for a first offense. This is also made clear in Section 19.2-306.1:

“The court shall not impose a sentence of a term of active incarceration upon a first technical violation of the terms and conditions of . . . probation, and there shall be a presumption against imposing a sentence of a term of active incarceration for any second technical violation of the terms and conditions of . . . probation.”

However, for second and subsequent offenses, judges can impose active jail time if they decide that incarceration is necessary. A second offense can lead to up to 14 days in jail, while a third or subsequent offense can lead to “whatever sentence might have been originally imposed.” Additionally, if a judge determines that you should be evaluated for or participate in a drug or alcohol treatment program, the judge can sentence you to, “the shortest term of incarceration possible to achieve the required evaluation or participation.”

What Should You Do if You Failed a Drug Test on Probation in Woodbridge, VA?

With all of this in mind, what should you do if you failed a drug test on probation in Woodbridge, VA? First and foremost, if you are struggling with drug or alcohol dependence, you should seek the help you need. There are various resources and programs available, and getting the help you need will be important for protecting your health, your legal rights, and your future.

Additionally, even if this is your first technical violation, it is important to consult with a lawyer. To protect yourself, you will need to avoid saying or doing anything that could have adverse consequences. An experienced Woodbridge probation violation lawyer can explain everything you need to know; and, if you need to fight to avoid jail time or other consequences, an experienced lawyer can fight for you by all means available.

FAQs: What You Need to Know if You Failed a Drug Test on Probation

Will I be sent to jail for failing a drug test on probation in Woodbridge, VA?

With only rare exceptions, you will not be sent to jail for failing a drug test on probation if this is your first violation. However, if you have failed a drug test previously, jail time could be a possibility. If you have previously failed two or more drug tests while on probation, the judge could potentially sentence you to the full jail term associated with your underlying charge.

What if I received a false positive on a drug test while on probation?

If you failed a drug test because you received a false positive, you should seek to correct the record promptly. Even if this is your first failure (and you are not at risk of facing jail time currently), having a failed drug test on your record could lead to serious consequences if you fail another drug test in the future.

What if I tested positive for an illegal drug while on probation?

If you tested positive for an illegal drug while on probation, your probation violation may not be your only concern. In this scenario, you could be at risk of facing a drug charge as well. Depending on the circumstances, you could be charged as a repeat offender, which means you could face enhanced penalties.

How a Woodbridge Probation Violation Lawyer at Our Firm Can Help

If you have failed a drug test while on probation in Virginia, a Woodbridge probation violation lawyer can provide custom-tailored advice based on your individual circumstances. A lawyer at our firm can also represent you in court if necessary; if you need to challenge your drug test result, we can assist with that as well. We have decades of experience representing individuals charged with all types of crimes, and we rely on this experience to protect our clients both in and out of court.

Schedule a Free and Confidential Consultation at Stevens Caruso

Do you need to know more about how to protect yourself after failing a drug test on probation in Woodbridge, VA? If so, we strongly encourage you to get in touch. Our lawyers represent clients in probation violation cases throughout Northern Virginia. To speak with an experienced Woodbridge probation violation lawyer in confidence as soon as possible, call us at 703-897-1777 or request a free in-office consultation today.