Positive UA (Urinalysis)
When you are put on probation you can be subject to random urinalysis at any time. A positive UA will violate the terms of probation. However, drug testing is not as common on regular probation as it is where there are Drug Offender conditions and specifically ordered drug testing. Where there is no specific request for random drug testing, the drug testing is often infrequent, and sometimes never occurs.
However, you should be prepared to take a random urinalysis at any point during your probation. Now, if your probation conditions require Drug Offender Terms, you will be ordered to complete a drug assessment, drug treatment, and perform all random urinalysis as requested by your probation officer. The testing here is much more frequent, sometimes as much as one or two times a week. If you are not on your game and not100% clean you will likely have a positive UA relatively quickly. So it’s important to really watch what you do, what you take into your body, what medications you are on, etc. Click here for a more thorough description of how you test positive and what are possible substances that can cause a false positive UA result.
Implications of a Positive UA:
If you end up with a Positive UA while on probation, it may seem like “not a big deal.” However a positive UA while on probation can have serious repercussions. Specifically, ANY violation of probation, even a positive UA results in 6 points added to your score sheet. If you violated with a positive UA and you are anti murder, you get 12 points added to your score sheet, even though the violation is minor. When you violate your probation with a positive UA, the concern isn’t the “punishment for the positive UA” but instead the punishment for the underlying offense you are on probation for.
When you enter a plea and are sentenced to probation, you are acknowledging that a violation of probation can result in a NEW SENTENCE as to the original charge. In other words, the judge can look at the original case, with the added points for the violation, and sentence to jail or even prison if he wants to, up to the maximum allowed for the crime charged. So for example, if you are on probation for a Burglary (F2 punishable up to 15 years) and you have a positive UA, you can get 15 years in Prison.
Options for a Positive UA:
If you have a Positive UA while on probation, you need to immediately contact an Orlando criminal defense lawyer to discuss your options. In general, an experienced criminal lawyer can often get your case reinstated on probation, and will help you fill out applications to Drug Court or Residential Treatment if straight reinstatement is not an option. Don’t take a Positive UA lightly, let your lawyers do the work.