Was arrested for THC & morphine, drug DUI and took a plea for a DUI slightest degree.
I "was told" by the public defender etc, that taking the slightest degree plea.
That the drug related DUID charge, would/will not be filed and only the slightest degree/initial charge would.
When accepting the plea, the Judge (either out of habit or info not available). Asked me to admit "drinking"'at some point that night, and the PD had to inform her it was a thc DUI.
Part the requirements is to complete the drug/alcohol screening and treatment.
However, I now see NO point in this plea.
If the MVD and substance abuse counselors, are still told or can see that the DUI was for thc and morphine.
Although normally a slightest degree charge is required 16 to 32 hrs of counseling/treatment, it now sounds as though they can "qualify" me for as much/as intense treatment as they choose ?
I'm trying to find out if counseling/treatment will drug test ?
Normally from my past and others experience, this is NOT done.
My plea is unsupervised probation, no PO and requires to obey all laws an complete what's required.
For 12 months, so it's up to counselors to drug test, if failed can get in trouble?
The short answer to your question is no, they do not function as probation officers. When you take a plea for a DUI, regardless of whether it is for drugs, alcohol, or a combination, the court will order you to complete substance abuse screening and counseling in return for suspending part of the required jail time. The screening determines how much counseling you have to complete. 16 hours is the minimum, if the person who screened you felt like you needed more, then you must comply with that. If you don't, whatever jail time that was suspended per your plea agreement can come back, and you can be ordered to serve that time in jail.
Typically, the counseling and treatment will not drug test you, however, you are on probation and can be subjected to drug tests. Supervised or unsupervised, you still must remain drug free. If the counselors decide to drug test you and you fail, you will be in violation of your probation most likely.
As mentioned above, you should consult your attorney and ask them all of these questions, as they know your case better than we all do. Hope this answer helps, and good luck!
