Probation Violation for Positive Test Result - The Science of Persuasion versus the Science of Testing
After nearly 22 years of Practicing Criminal Law, handling DUI cases, and helping people whose Licenses have been Revoked for multiple DUI cases get their Driver's Licenses Restored, I have seen pretty much everything once or twice, and a few things countless times. One "constant" that impacts each of the 3 kinds of cases I handle traces back to a breath or urine test that is positive for alcohol or drugs. In this article, we'll examine that phenomenon in the context of Probation, and how it gives rise to the dreaded "Probation Violation."
Another "constant" mixed up with the whole concept of Probation Violations is that a somewhat significant number of people wind up testing positive for alcohol or drugs during the course of their term of Probation. If, in the larger picture, the number or such positive tests were incredibly small, there wouldn't be any need for continued testing. But it's not. The number of Probationers who get caught testing positive is surprisingly high. This reinforces the perceived "need" for testing to ensure compliance with Court-Ordered abstinence.
Probation Officers learn, early on, that a positive test can come from anyone. Whether the Probationer is the nicest soccer mom, or the most educated corporate vice-president, just an average Jane or Joe, or the most hardened, ex-con, turning up positive on an alcohol or drug test, whether it be as the result of a breath test, urine test, or even while on some kind of alcohol monitoring device, like a "scram" tether, is a daily occurrence.
Anyone who tests positive knows if the result is correct or not. In reality, most positive tests are actually the result of someone drinking or using, and nothing else. Once in a blue moon, a person might work in a chemical factory and be exposed to fumes that trigger a "false positive" on a "scram" tether, or might walk into some testing facility with such chemicals soaked into their clothing, but this kind of exception is rare. Most of the time, however, what really happens is that a person has tried to time a test, and simply gets popped.
These simple facts make for hard cases. Anyone reading this is likely doing so because either they, or someone they care about, is in this situation, and has tested positive. Not many people are that interested in this topic unless it applies to them, and has immediate relevance, and a positive test result is as relevant as it can get. Positive tests happen every day. It's frightening when that happens, but I'm here to help. To do that however, we have to start off being candid and honest, and not sugar-coat anything. Most positive tests are positive because a person drank or used, and not because the test is screwed up, or the person took cold medicine, or Aunt Bertha put too much vanilla extract in Uncle Bob's birthday cake, or whatever other story you can dream up.
What do you do if you're facing a Probation Violation, or know you're going to be facing one, for a positive test? You probably already know you need a Lawyer, but what kind of Lawyer? How much should you pay? Who do you turn to at this critical moment?