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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23589
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I may fail a second UA and curious what to do, colorado, no,

Customer Question

i may fail a second UA for alcohol and curious what to do
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: colorado
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: I have not went in to take the test yet, I am confident that i will fail though since i drank last night. my probation office told me yesterday in my meeting that i was done (complete in Aug) and i only had one UA left on the 25th, she aparently set me up
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Colorado
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.

Hello,

Unfortunately, it's never a good idea to do any premature celebrating when on probation. Probation has the authority to call probationers in for random tests, and you appear to be aware that your case is not finally over until August. You are not the first person to get caught out by a last minute random test.

Unfortunately, too, so long as probation files the violation against you before the August date your case is supposed to be over, you can face sanctions, even at this point on probation. You don't get jail credit for time spent at liberty on probation. So you need to call your lawyer, because when you're violated, you will want someone to make an argument for some sanction other than revocation and a resentencing to jail time.

What you have going for you if you test positive is that you were not rearrested, and this is just a technical violation. What's going against you is how late it is in your probation as well as the fact that you've been in trouble with a positive U/A before.

In my experience, under these circumstances, your probation is likely to be extended and you'd be monitored more closely. But jail is possible, so if you're violated make sure you're represented at the hearing.

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.