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Will a positive drug test at a DWI hearing send me to jail in the state of Texas?
Anonymous4 views3 answers
I am about to go to court on Wed for a DWI and get convicted, and rightfull so. What i did was wrong. However, I have chronically smoked pot for years...heard it could affect my sentencing from my attorney, and quit about 3 weeks ago. She said if I explained it, and that I quit, it would show up so and I should be fine. However I am terrified. I am not a jail guy...only drink like twice a year. Obviously, the last time was a bad move. Will they send me to jail if I quit smoking 3 weeks ago and it obviously shows up? They are currently offering 15 months probation. I am terrified of this...could really use some help.
If you are showing up for a plea, you should be fine. I assume you are going to plea guilty and take a probation from your question. They can only violate you on your probation for something you actually do on your probation. If you smoked weed 3 weeks ago, and it shows up on your first drug test, you should be ok. In this situation, i would follow your attorney's advice. Just be honest and up front. Explain that you are changing your ways and will be drug free. I have never seen a judge throw someone in jail in that scenario.
First the disclaimer- This isn't legal advise. I'm not your lawyer, and you are not my client.
To answer your question it really depends on the judge. I assume that you are going Wed to enter your plea and get sentenced. I've only seen one judge drug test defendants who are out on bond and revoke their bond if they fail (Ellis County). That does not seem to be your situation.
If you have a plea bargain worked out then the judge can choose to accept or reject that plea bargain. I have not seen a judge order a drug test before a misdemeanor DWI plea before.
Another consideration is what happens if you fail your first drug test after being put on probation. Usually that will trigger more drug classes and treatment as part of your probation, not jail time.
Listen to your attorney and follow her advise.
The probation packet you fill out will have questions relating to your past drug use. Be very honest with your answers. They understand that many people today smoke marijuana, but you cannot smoke marijuana while on probation.
