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  1. #1

    Default Drug and Alcohol Testing During Probation

    My question involves criminal law for the state of: Federal Probation. New York.


    I am a college student in New York. I was arrested on a national park with .26 grams of marijuana and sentenced to 2 years supervised probation based on poor performance in pretrial.
    After Sentencing I continued to smoke marijuana and failed numerous tests. I was violated and sent to 6 weeks inpatient treatment. This was all my fault for being stupid and thinking that the rules did not apply to me.
    Since release from rehab I have not touched a drug and returned to college. My probation was transferred from Conn. to New York, and I am to be randomly urine tested based on the color system, and will be starting an outpatient rehab program soon.

    My questions are:
    Will the federal urine tests be testing for alcohol in my system? My previous PO never tested for it. I am prohibited from drinking while on probation and while I have abstained from drug use I continue to drink with my friends at school.

    What type of alcohol testing does the federal probation office use? With my last PO if the instant strip drug test was negative she just threw out my urine. Will this be the same with a new officer in a new state?

    If I am to be tested for alcohol and fail, which I am afraid of, would my officer be likely to violate me?

    If I am violated, will i be sentenced in my original court with my original judge or will I be sentenced in New York?

    Please help me, I am confused and upset. It may not be worth drinking, but I would hate to forsake my whole college experience because of a dumb mistake with weed.

    Thank You so much,
    Brandon Jones

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Drug and Alcohol Testing During Probation

    You're free to ask your probation officer if you will be tested for alcohol. Of course, whatever his present plan, that may inspire your probation officer to start testing you for alcohol.

    If the issue is that you're over 21 but your probation forbids you from consuming alcohol, it would make sense not to consume alcohol. If the issue is that you are under 21, it's pretty stupid to commit crimes while on probation - moreso with a track record like the one you describe.

    College is actually about... wow, going to class and getting a degree. If you think your "whole college experience" is about getting drunk, I suggest getting a job for a few years and going back when you're more mature.

  3. #3
    Join Date
    Feb 2011

    Default Re: Drug and Alcohol Testing During Probation

    If they do test for alcohol, the test will be administered using some type of device such as the Breathalizer to measure blood alcohol content. Federal probation specifically prohibits persons under their supervision from using any drug-INCLUDING ALCOHOL. If you are caught, there is a VERY HIGH probability of being revoked. Use of alcohol is a violation of your Condition of Release. If your drug use history is what you say it is, I would say that if you are found to be consuming alcohol, you WILL be revoked. Is one drink with your friends worth screwing your life up?

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