Arrested for DUI six months ago, wondering about drug-testing procedure when I go to plead guilty.

When you enter a plea to DUI and are placed on probation, you will meet with a probation officer before you leave court to sign your paperwork and get set up to come in for your first meeting. Probation officers can order an immediate drug test if they suspect you are using, as can the Judge if he or she suspects the same. If they are going to test you otherwise, it will be during the first meeting. Long ago, I had a client go into the back room to meet with probation, then admit that he has smoked marijuana to them the day before. I assumed that he would be smarter than that, but make it a point now to advise my clients of such things. He was brought back out before the judge, who was not very happy. They could not violate his probation because he had used prior to being placed on probation, but the judge had one of the court officers arrest him for possession, and it took me nearly a month to get him back out. Needless to say, be sure you are clean when you enter a plea (although you should talk to someone before hand about your chances of avoiding the charges altogether), and that you can pass a test if administered during probation. If you cannot pass the test on the court date, get it postponed until you can. The risk of failing a test and having your probation revoked are much too high (no pun intended).

You probably won't get drug tested on the day of your plea, but you could on your first meeting with the probation officer. Random drug screens is commonly a condition of DUI probation. A failed drug screen could very well constitute a probation violation and land you in jail. Your PO may very well understand that you smoked marijuana before being placed on probation, but you certainly don't want to rely on a PO's sympathy. If you don't have an attorney in this case, hire one. Please let me know if I can be of assistance.

First of all, why are you going to simply give in and enter a guilty plea and just take whatever deal the prosecutor has felt like offering you? An investment now in legal representation can save you much more heartache down the road. Next, you need to be clean when you show up for court. Some judges will ask if you would test dirty before taking your plea and sentencing you. You don't want the judge in a bad mood right off the bat! Please let me know if I can be of assistance. I would be happy to help. Regards, M. Jason Rhoades

Have you talked to a DUI Defense Attorney about your case???? Why would you just go to court and enter a GUILTY plea and accept whatever sentence the Prosecutor decides to give you??? Please take my advise and at least consult with the best DUI Defense Attorney that is available to you. A DUI conviction will have consequences that can follow you for the rest of your life! Now, your question - the best advise I can give you is when you go to court be able to PASS A DRUG SCREEN. You will find that dealing with the court system goes much more smoothly when you don't have to worry about failed drug screens and the possibility of serving jail time because you smoked "a little weed". I hope you take my advise and consult with a Dui Atotrney because a DUI conviction in Georgia will remain on your CRIMINAL HISTORY FOR THE REST OF YOUR LIFE! Good Luck!!! George McCranie IV