What Should You Do If You Have a Missed, Diluted, or Positive Drug Screen While on Probation?

Drug testing is a standard condition of probation in Indiana. If you have even a single missed, diluted, or positive drug screen, your probation officer can file a probation violation with the Court. If a probation violation is filed, it is critically important that you call our office.

In Marion County, probationers are required to call a drug line every day. The drug line informs probationer whether they are to report for a drug screen. Often the drug screen is on the very same day.

Probation officers take a hard line on drug screens. They will hold a missed drug screen against you even though you may have a legitimate reason for missing a drug test.

Some possible reasons for missing a drug test include:

• Could not get off work
• Bad weather
• Unexpected traffic
• A family emergency
• Illness
• Lack of money to pay for the drug screen.

If you miss a drug screen for any reason, you should let your probation officer know. Also, keep a record for yourself. Having documentation may make the difference in going to jail vs. being continued on probation.

Diluted screens are treated the same as if the result of the drug screen were positive. A diluted drug screen occurs when a probationer supposedly consumes too much water before a drug screen. However, many individuals work outside in hot Indiana summers and drink a lot of water to keep hydrated. If this is the case with you, you should make sure to inform your probation officer.

Even in the case of a positive drug screen, our office is fully prepared to defend you. We know many probation departments, including Marion County, report positive drug tests even when based solely on a screening test. A screening test is only designed to see if the properties of a drug appear in a sample.

We believe it is inherently unfair to violate an individual’s probation based solely on a screening test. If there is a positive screening test, the lab should have to subject the sample to a confirmation test. A confirmation test is a scientific test that firmly establishes an illegal controlled substance is present in the sample.

Some counties have gone as far as to prohibit probationers from challenging drug screen results, while others unbelievably require the probationer to pay for their own confirmation test. Let’s be clear, the State of Indiana has the burden of proving a probation violation by a preponderance of the evidence. Requiring individuals to pay for their own confirmation test clearly and improperly switches the burden of proof to the probationer.

If you have a missed, diluted, or positive drug screen, put our office to work for you. As a practicing attorney and a former Magistrate Judge, I have handled thousands of probation matters based on drug screen violations. As a result, I have the experience and know-how to get you the best possible outcome of your probation violation.

Don’t wait until you are behind bars to call us! Give us a call today at (317) 514-9351.