I Tested Positive in Drug Court—What Happens Next?

Drug court is a diversion program designed to help individuals struggling with substance abuse avoid traditional criminal penalties by providing access to rehabilitation services. As would be expected, testing positive for drugs while participating in drug court can result in several consequences, but it does not necessarily result in immediate expulsion from the program. 

Consequences of a Positive Drug Test

Testing positive for drugs in drug court is considered a violation of the program’s requirements, and the court will take steps to address the violation. Possible consequences include:

Increased Monitoring

A positive drug test may result in more frequent drug testing or additional monitoring so that you can comply with the program’s rules.

Re-Evaluation and Additional Counseling

Depending on the drugs detected and the frequency of the positive drug tests, the court may require a new substance abuse evaluation, additional counseling sessions, community service,  or an extended period of supervision.

Revocation of Pre-Trial Release

In cases where there have been repeated positive tests, the Court may revoke an individual’s bond or Pre-Trial Release and hold them in the jail for a period that is generally around 21-30 days. During this time, the Court will also order an new “in-custody” substance abuse evaluation and treatment recommendation to be prepared.

Termination from the Program

In some cases, especially if the violations are repeated or serious, the court may decide to terminate the individual from drug court. This may end the opportunity to avoid conviction, and cause additional exposure to jail or prison time. If this occurs, the case will be returned to the regular criminal court system. In many cases, careful consideration must be given to leaving drug court and how the case is likely to resolve in a “regular felony division. If you have tested positive in drug court, you should seek representation from a leading Clearwater drug defense attorney with The Law Office of Marc N. Pelletier.

Opportunities for Rehabilitation

Despite testing positive, drug court participants may still have opportunities for rehabilitation. The program’s goal is to help individuals recover from addiction, and if a positive drug test occurs, the court may provide options to support further progress in recovery.

Adjustment of Treatment Plans

A positive drug test may signal the need for a more tailored treatment plan. Many drug courts offer access to a variety of resources to help individuals stay on track with their recovery. These may include sober living arrangements, outpatient programs, or specialized therapy. Your defense attorney in Clearwater with the Law Office of Marc N. Pelletier will work to advocate on your behalf to ensure that your program is most effective for you.

Steps to Rebuild Compliance

If you have tested positive in drug court, there are several steps you can take to get back on track:

1. Be honest with your probation officer and treatment team about the circumstances surrounding the positive test. If you are facing specific challenges, such as triggers or stressors, discussing them openly can help the team adjust your treatment plan accordingly.
2. Continue attending all drug tests, therapy sessions, and other program components. Failing to comply with the court’s orders can lead to further sanctions or termination from the program.
3. Participate actively in support groups, therapy, and any additional programs recommended by the court. These services are designed to help you maintain focus on your recovery and hold you accountable.
4. Continue to follow through with your treatment and recovery plan, and take advantage of any resources the court offers to help you succeed.

Consult With the Leading Drug Crime Law Firm for Drug Court Counsel

A positive drug test in drug court can lead to serious consequences, but it does not necessarily mean the end of your chance for rehabilitation. 

If you need assistance navigating the drug court process, the experienced Clearwater drug defense attorneys at The Law Office of Marc Pelletier can provide guidance to help you protect your rights and work towards successful program completion.

Request a free case consultation with one of our leading defense attorneys in Clearwater or call our office at (727) 493-9386 if you have any questions about drug court.