What are the chances of going to jail due to failing a urine screen on probation?

This can turn into a big deal if it isn’t handled properly.  A standard condition of probation requires the probationer to obey the law and remain drug free.  Obviously, when you fail a drug test you violate both of these conditions.  How you will be treated largely depends upon how you are doing with your other probationary conditions and the relationship that you have with your probation officer.  If all else is well, you may get a warning or a reprimand or be told to seek treatment.  If you have other problems or a particularly tough probation officer, they could file for revocation and bring you into court and ask the judge to decide your fate.  It is not uncommon to be remanded for a period of time with some judges for a failed urine screen. If this occurs, in an effort to mitigate your situation, you should look for an outpatient drug rehab program and voluntarily pay for private drug tests on a weekly basis so that when you go to court you can show that you are addressing the issue with treatment as documented by the lowering levels of drugs in your system. If you have any other special conditions of probation remaining, you better get to work on finishing those too.  The judge has a variety of options at his disposal if this is your only violation.  The Court could monitor you with weekly drug tests; add drug treatment as a condition of probation; deem the violation to be a “technical violation” and require you serve 90 days in jail before releasing you back onto probation; or the Court could revoke your probation.  Obviously, each case is different so there is no way to predict an outcome.

Andre Belanger

Andre Belanger


André Bélanger, a graduate of Loyola University, is a highly-respected criminal defense attorney serving the people of Baton Rouge, Louisiana, and surrounding areas of Ascension Parish and New Orleans, for one of Baton Rouge’s top-25 law firms. In his 15 years of practicing law, Mr. Bélanger has handled thousands of criminal cases at both the pre-trial and trial stage, including approximately 200 trials. This trial experience includes homicide defense and prosecution, large drug conspiracies and fraud cases making Bélanger one of the few attorneys capable of handling even the largest, most complex federal cases. https://manassehandgill.com/andre-belanger/

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