Understanding The Effects of A Failed Drug Test While On Probation
The question we are going to answer on this page is simple but has serious consequences: what happens if you fail a drug test on probation? As part of the terms of your probation, you surely need to stay away from illegal substance use.
But what happens if you fail a drug test on Probation in Idaho? And, what happens if you fail a test for a second time? A third? We’ll dive into those answers and more below.
If you are worried about probation drug testing, the chances are good that you are dealing with a form of drug addiction. At Icarus Wellness and Recovery, we have helped many people in your position, and would love to do the same for you.
To truly stop worrying about probation violations and other legal issues, you’ll need to get clean in a sustainable way. Keep reading to get answers, and remember you can call us (totally confidentially) at any time to get more information about our accredited treatment programs.
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Why Drug Testing is a Standard Part of Probation
Courts implement drug testing as an alternative to jail or prison. This is an option that allows people to remain in their homes and communities while also being held accountable.
In some cases, drug testing will be used along with community service and other tools to build up a list of requirements that must be met for the individual to avoid more serious repercussions.
Of course, this is generally a tool that is used for those with a history of known or suspected substance use issues. Consistent testing while on probation allows a probation officer to monitor progress and quickly intervene if a positive drug test ‘pops’ positive for substances.
What Failing a Probation Drug Test in Idaho Actually Means
There are actually three general categories of failed drug tests that are possible. Any of the types of failures below can cause you to violate your probation, and you may wind up in a probation revocation hearing as a result.
Presence of Illegal Drugs
This is the most obvious of the three types of failures. If you go through random drug testing and the test spots signs of illegal drugs in your system, you will fail that test. The probation department will immediately be notified of this failed probation drug test, and the next steps in the process will be enacted.
Assuming your probation conditions have a zero-tolerance policy for drug use, your next step may be jail time.
Presence of Alcohol (In Some Cases)
Not all probation terms require abstinence from alcohol. With that said, if your probation does require you to stay away from alcohol, you could have your probation period revoked if you test positive for alcohol.
This may lead to a warning, or it may cause the court to completely revoke probation. Drinking alcohol isn’t a criminal offense, but that doesn’t matter. If it’s against the terms of your probation, you simply can’t do it without risking serious consequences.
Tampering or Refusal
You also need to realize that you could be facing probation violations if you simply refuse to take a test or if you tamper with the test in some way. Regular drug testing requires you to make yourself available for those tests, and if you aren’t, the outcome may be the same as if you failed the test for taking a controlled substance.
Make it a priority to always be available for tests and don’t do anything during the testing procedures that could put you in trouble.
What Happens If You Fail a First Drug Test on Probation in Idaho? The Immediate Consequences
The outcome of positive drug test results depends on a number of factors. The policies in your county or state will play a role, as will your past behavior on probation and even the specific probation office that is assigned to your case.
While the probation process plays out differently in various cases, you can expect the outcomes below if you fail a test.
Probation Officer is Notified
This is a certain outcome after a failed drug test. Your probation office will be notified, and they will contact you to discuss the results. It’s important to be honest with your probation officer at this time and work together with them to determine the next steps.
You May Receive a Warning
If you have otherwise been doing a good job while on probation, you might simply receive a warning. That would be the best possible outcome after a failed test. If it’s a first-time violation, and if you are honest with your probation office about what happened and why it happened, they may choose to just warn you, reserve harsher penalties for later if it happens again.
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Increased Drug Testing
It’s also possible that you will be subject to increased drug testing in the aftermath of a failed test. The frequency of your testing might be bumped up to hold you accountable and make sure that any future drug use is caught by a test. This should be taken as a warning to start to get serious about your addiction and take steps to put a stop to it.
Mandatory Substance Abuse Treatment
The idea of getting help might not be left up to you. Some courts will opt to send you to mandatory substance abuse treatment after you fail a test (if you weren’t already in a treatment program). While this is a form of punishment in the eyes of the court, it could prove to be the best thing for you in the long run.
Modification of Probation Terms
There may be other modifications put in place that govern how your probation works moving forward. You might be subject to a curfew, for example, or placed under electronic monitoring.
What Happens If You Fail a Second Drug Test on Probation?
As you might imagine, probation courts don’t tend to look favorably on multiple failed tests. You might avoid punishments like more mandatory drug testing after a single failed test, but you aren’t going to skate by after another one.
At this point, mandatory treatment programs are almost certain, and the legal process will continue to put a tighter grip on what you are allowed to do.
What Happens If You Fail a Third Drug Test on Probation?
You may have your probation thrown out entirely if you fail a third test, meaning you could be sent to jail. You’ll need to work with legal representation at this point to navigate the process and consider your various options.
Drug testing works in the probation setting because it holds people accountable when they say that they are going to make changes and stay out of trouble.
Criminal behavior often stems from drug use, so making sure people are staying off drugs helps to curb criminal activity in a given area. By the time you reach a third failed test, it will be clear to the court that nothing has changed, and the legal consequences are going to become rather harsh in most cases.
Can You Be Charged with a New Crime for a Positive Test on Probation?
Most of the time, you aren’t going to be charged with a new criminal offense when you fail a drug test. Technically, you will have been caught using an illegal substance, but this test result is usually going to be treated as a violation of probation rather than grounds for a new criminal charge.
There are exceptions, however. Specifically, if you are found in possession of illegal drugs when you take your test, that may result in a charge. Also, if you commit another crime while using drugs, you could end up charged for the drugs and whatever other crime is committed.
Common Myths About Probation Drug Testing in Idaho
We can take a moment here to go over a couple of the common myths that come along with probation drug testing. For one, drinking lots of water before a test is not a good strategy. Labs can detect dilution, and this may wind up counting as a failed test.
Also, you may have heard that since recreational marijuana is legal in some states, it’s okay to use during probation. That’s not necessarily the case. Often, the terms of probation will prohibit marijuana use, even in a state where it is legal recreationally.
And in Idaho, as you may know, marijuana use is neither medically nor recreationally legal, so using cannabis products is not a wise choice in the Gem State while on probation.
Your best bet is to ignore anything you hear from others and simply avoid using drugs or alcohol while on probation. That’s the safest way to avoid a failed test and the consequences that come with it.
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Get Support to Put Drug Testing Worries in the Past Now
Sweating out one drug test after the next, hoping to avoid detection by your probation officer, is no way to live your life. There is so much more out there for you, and the team at Icarus Wellness and Recovery wants to help you make that better life a reality for you.
Whether you have already had a positive drug test or are worried about one coming up, now is the time to move in a new direction. Call Icarus Wellness and Recovery today to talk about the substance abuse treatment options we offer.
Severe consequences are certain to follow if you continue down the same path you’ve been on, but we are here to help you turn it around.
Make the confidential call today and get real support for a life in recovery that helps you attain your goals and dreams, starting now.
