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  1. #1
    Join Date
    Feb 2010

    Question Urine Test During Probation for First Offense DUI

    My question involves criminal law for the state of: Georgia

    In January, I was convicted for a 1st offense DUI and given the minimum through a plea deal: 24 hrs jail, 40 hrs community service, victim impact, Dui school, restricted license for 120 days, Drug/Alcohol Evaluation, and 1 yr probation.

    I was not told to go through any further drug/alcohol counseling but was told they would call me back into the counseling center for a drug/alcohol test within the next week before leaving the office on January 20th. I just had my first meeting with my probation officer on Feb 3rd and she simple took my money, told me I was on track with community service and reminded me of my Victim Impact and DUI school completion and asked if I had any questions. I did ask her if I needed to call the counseling center as they have not called me back into the office for a drug screening and she told me that they have closed my file and they gave me a clean evaluation with no further counseling needed but said they could still call or probably not.

    This friday evening at home I decided to drink one beer after having not drank in weeks and then come saturday I suddenly get called in to take a urine test. I admit it was a stupid stupid stupid mistake on my part to have had one beer the previous day. So during the meeting with the counselor who administered my urine test he asked if I had consumed any drugs or alcohol within the last 30 days and said it will show up on the test. I admitted I had one beer the day before fearing that if my test did come back as failed that I would be punished even more for having lied when he asked. He wrote it down on the sheet and I had to circle 'admitted' to having had one beer and told me that I should avoid alcohol while on probation. I was not aware I am not allowed to have a drink at home but I am very clear on the terms of my probation now.

    I am now extremely concerned with the punishment I will face with this matter. Assuming my urine test comes out positive and that I clearly admitted to having had a drink the day before, will they place me in jail for violating probation? I was told to call back on Wednesday for my results and to tell my head counselor the conversation I had with the Urine Test administer guy. Should I call my probation officer on wednesday if my test turns out positive? I am concerned I have ruined my plea bargain and lose probation over this. Any information will help, thanks.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Urine Test During Probation for First Offense DUI

    If I were your probation officer, I would probably read you the riot act and perhaps revisit the screening and assessment to see if you should be in a recovery program, but I wouldn't violate you for the first offense. But I'm not, and you could have a harder-nosed probation officer than I would be.

    If you had a lawyer representing you for the plea bargain, I suggest consulting your lawyer.

  3. #3
    Join Date
    Feb 2010

    Default Re: Urine Test During Probation for First Offense DUI

    Should I wait to see if I failed my urine test before I tell my lawyer?

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