Drug Tests as a Condition of a DUI Probation

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Many misdemeanor and criminal offenses carry probation as a sentencing option, and when you are convicted of DUI, probation periods can extend from a few months to a a couple of years depending on the laws in your state and the severity of your crime.

  • A DUI offender can be sentenced to probation after some amount of time has been served in jail or instead of jail.
  • Probation comes with conditions, which usually include some supervision a requirement to pass drug or alcohol testing.

If an offender violates any conditions of their probation, such as failing a drug test, they can be subjected to increased penalties, which often means a loss of freedom and being sent back to jail.

Drug Courts

Drug Courts are special courts that operate at the state and local level to prevent as much recidivism as possible by people who have been convicted of drug or alcohol related offenses.

  • A drug court uses a powerful combination of close judicial supervision, dependency treatment, and rehabilitation.
  • Frequent, random drug tests are an integral part of the program.
  • Small rewards for remaining "clean" or sober reinforce confidence as the addict or alcoholic passes their drug tests.
  • Swift punishment is available for the judge to hand out as a deterrent when a test is failed.
  • Punishments can include jail time or loss of other privileges previously earned.

The accountability that drug testing provides is a valuable tool that is used effectively by drug courts around the country. Participation in drug court itself is not a punishment; far from it. Drug court is a privilege where offenders can receive treatment, and learn the skills they need to remain sober long after drug court is over.

To foster future success, drug court programs also include educational or vocational rehabilitation for the participants so that they leave with the skills needed to obtain and retain employment. In most cases, the most important benefit of drug court to the offender is the possibility of having their charges dismissed upon successful completion of the program.

Get Help

If you or someone you know has just been arrested for DUI with either drug or alcohol involvement, contact a DUI defense attorney right away. They can explain what will happen next, and what options might be open to you. A DUI is a serious offense and usually carries a variety of penalties such as jail time, a suspended license, stiff fines, and possibly the required use of an ignition interlock system when the person is allowed to drive again.  You need someone with legal expertise on your side as soon as possible, protecting your rights.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

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