DWI probation question - tests, violation

[HHmmc]

What is the name of your state? Texas

Hello,

A friend of mine will soon be put on DWI probation in Texas for 18 months. He is 21, about to be 22, and this is the only legal problem he has ever faced. His probation starts within a month, and he has (unfortunately and stupidly, might I add) smoked marijuana recently, and thinks he will fail a drug test, if they give him one. The probation conditions say that the tests are at the discretion of the officer, and does not say that they will test him definitely and for sure, or that they will test him at the first meeting. He says he will not smoke again, and he's keeping his word, so at least that is good.

My question on his behalf is this - what is the likelihood that they will test him immediately, at the first meeting, given that this DWI is his first legal offence.

Thanks in advance!

[xylene]

Originally Posted by HHmmc

What is the name of your state? Texas

Hello,

A friend of mine will soon be put on DWI probation in Texas for 18 months. He is 21, about to be 22, and this is the only legal problem he has ever faced. His probation starts within a month, and he has (unfortunately and stupidly, might I add) smoked marijuana recently, and thinks he will fail a drug test, if they give him one. The probation conditions say that the tests are at the discretion of the officer, and does not say that they will test him definitely and for sure, or that they will test him at the first meeting. He says he will not smoke again, and he's keeping his word, so at least that is good.

My question on his behalf is this - what is the likelihood that they will test him immediately, at the first meeting, given that this DWI is his first legal offence.

Thanks in advance!

It is strongly probable, esp given his probation conditions no doubt include to stay away from drugs and booze.

Do a detox, but that is no miracle.

If he pops, he is going to have some xplaining to do.

If he pulls up dirty on the screen, don't be coy or run some BS. Just tell em "Look its hard dryin out, I wasn't clean come in, but I'm going out clean."

In the event of a dirty screen - the PO is going to do what has to do - if he violates, well he did to weed. If he looks past it, well don't think the guy is pushover and get all loose.

Don't go the wake pee or penis route... think tom sizemore.

[seniorjudge]

Originally Posted by HHmmc

What is the name of your state? Texas

Hello,

A friend of mine will soon be put on DWI probation in Texas for 18 months. He is 21, about to be 22, and this is the only legal problem he has ever faced. His probation starts within a month, and he has (unfortunately and stupidly, might I add) smoked marijuana recently, and thinks he will fail a drug test, if they give him one. The probation conditions say that the tests are at the discretion of the officer, and does not say that they will test him definitely and for sure, or that they will test him at the first meeting. He says he will not smoke again, and he's keeping his word, so at least that is good.

My question on his behalf is this - what is the likelihood that they will test him immediately, at the first meeting, given that this DWI is his first legal offence.

Thanks in advance!

If I were your attorney, I'd say, tell them the truth, but don't volunteer anything.

Probation officer cannot be scammed.

Better people than you have tried, believe me.

Also, another thing you could do that would really impress your officer (and, I might add, the judge) is to start going to AA. In fact, if you'd bring your sponsor to your meeting with the PO, that would be even better.

[HHmmc]

So what happens if the test comes up dirty? I'm assuming it is a violation - does he go straight to jail?

Thanks. Those were some real fast responses!

[seniorjudge]

I don't know your probation officer.

Therefore, I can't tell you if he will violate your or let you ride.

Frankly, smoking a little weed is not the greatest of sins while you are on probation. (It is extremely stupid ... marijuana gives you a weak wienie for one thing; it also stupidizes your brain real good.)

So, all I can tell you now is to hope for the best.

[CavemanLawyer]

Even with a dirty test, a probation officer will never file a motion to revoke probation for a single failed drug test for marijuana and certainly not at the first meeting. If he fails the drug test he just needs to not screw up probation again and all will be fine.