Four Things To Do If You Test Positive for Alcohol While on DUI or Reckless Driving Probation


One of the standard conditions of probation imposed by the judges in Pinellas County for DUI or Reckless Driving is that the subject refrain from alcohol consumption during the period of probation. Testing by the probation department is conducted by urinalysis testing, which can detect the presence of alcohol in the urine for days after consumption. These violations are prosecuted with particular vigor by the State Attorney’s Office and taken equally seriously by the County Court judges here in the Sixth Judicial Circuit.

1. Contact Clearwater’s Top DUI Attorneys

Speaking with an experienced member of our DUI Defense team immediately after you learn of a possible violation will allow us to craft a plan of action to minimize the effects that a Violation of Probation will have on your life. Our team of lawyers practices in front of each of the County Court judges on a daily basis.

2. Consider a Hair Follicle Test

In some cases, a client is adamant that the urinalysis was a “false positive” and that he/she did not consume any alcohol. In these cases, it may make sense to secure a hair follicle test which can detect the presence of alcohol for up to 90 days after consumption. A negative hair follicle test will arm your lawyer with scientific evidence of your innocence.

3. Prepare Mitigation

In other cases, a client has “fallen off the wagon” and made an error in judgment by consuming alcohol. In those scenarios, it is best to address the problem head on and come up with a plan to give the Court and the State Attorney’s Office peace of mind that the subject is not going to reoffend. This may involve additional treatment, AA meetings, alcohol monitoring, or residential alcohol treatment.

4. Timing is Everything

If the Court receives notice of a violation of probation for a positive alcohol urinalysis test, the most common course of action is the issuance of a zero-bond warrant. The current policy of the judges in Pinellas County is to not schedule a court date until the subject has surrendered on the warrant. For this reason, it is of the utmost importance that you speak with an experienced Clearwater DUI Defense Attorney to coordinate a plan for surrender on the warrant so that a Motion for Bond/Release can be contemporaneously filed and scheduled.

If you have been charged with a Violation of Probation (VOP) in Pinellas County for a DUI or Reckless Driving, our team of top DWI lawyers in Clearwater can help. Give us a call today at 727.578.0303 so that we may discuss the facts of your case and develop a strategy that best suits the unique circumstances of your situation.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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