I've been smoking a lot for the past month before I had court. Now my court date is 11-26. I'm wondering if I am allowed to fail my first drug test?

Failing your first drug test is ok, but you will probably be assigned drug classes if so. After your first fail, the PO will keep an eye on levels and make sure they are decreasing. If I were you I would make sure I go in clean enough to pass the every drug test. It's better to be able to dabble with a small hit here and there then not be able to do it at all with drug classes or jail.

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Probation officers differ on their policies towards drug testing. In my case, a test that shows up positive for THC = a referral to the judge and drug counseling, along with more attention payed to the levels of EVERYTHING in your urine.

My best advice, don't find out what happens if you fail. I smoked all summer once (Went out of town for a month from my county I'm serving probation in) without any testing, and I quit for about 15-20 days prior to my first test coming back, and still passed.

Like many have said, the best way to assure passing and avoiding the "What if I DO fail?" dilmna is to just stop smoking in a reasonable time prior to your test.

Seems as though your test is in 6 days from when I'm posting this, good luck bro.

Yea the last time i smoked was 11-16 but my lawyer said I have a week or two after my court date before I have to drop. But im done smoking until Im off probation

blaze1228, I am on probation too. I failed my first two drug tests for probation and wasn't violated. Like KnotMe66 said, I had to take substance abuse classes. I went clean for about 65 days before I tested negative. Then I didn't smoke for 8 months until i started smoking once or twice a month. Now, I just sub and smoke when I wanna. I will be totally free on or around 12-18!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Good Luck

Oh yeah, if you are going to fail the first test, you should dilute like hell and if it doesn't come back diluted or positive you will accomplish 2 things. 1-You will know if they test for sg, ph, etc. 2-You may avoid the substance abuse courses.

I forgot to tell you. Your attorney may be wrong on the time frame you have to take a drug test. When I was convicted, it took 6 days to meet my PO. When I met her she didn't test me for the first appointment. 30 days after the first, when I went to the second appointment, she tested me and I was still testing positive after 31 days clean (I smoked the night before I saw her or it would have been like 36 day). So, in total I had about 36-37 days before my first test.

You may not get the same treatment, so I'm not suggesting smoking, I'm just saying you may luck out and get a gracious period of time to get clean.

As you can tell with other posters (and myself), the time frame for your first test varies. It mainly depends on how long it takes to get your case into the system after being assigned a probation officer. Until the case is in the system the PO generally won't do a drug test....at least mine didn't. In fact, my first court ordered UA (monthly) had passed before my case got into the system. Lucky me, since it wasn't my fault, that month was given to me towards the court order.

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