There is no easy answer to your question. It depends on the type of test used (urine, blood, hair, saliva) and if someone is a regular user or not. Also, it also depends on the individual taking the test. Things like a person’s genetic makeup, metabolism, digestive and excretory systems, can all play a role. Generally speaking, a regular or frequent user will have more to worry about because marijuana will remain in their system longer than a person who uses infrequently. The most sensitive test is urine, followed by blood, hair and saliva. Technically speaking, the tests are designed to detect the marijuana metabolite THC-COOH. If you are charged with a probation violation your probation officer will very likely request that a judge put you in jail. We know how disruptive that can be for your life. If you get charged, call us immediately so we can discuss your options.
The best way to not get a probation violation is to not do anything that violates your probation. That’s the easy answer. But that won’t help you at this point because based upon what you have stated, you are going to test positive for marijuana. You must be cautioned that if you are caught trying to “mask” a test, then you open yourself up to prosecution, and the penalties will probably be greater than if you just failed the test. But having said that, people try beating a drug or alcohol test in different ways. There are many so-called “cleansers” and pills on the market that claim to make drugs undetectable. Some people drink huge amounts of water hoping to flush-out their systems and dilute the test. And some people utilize commercially-produced synthetic urine to try to fool the test. We’ve heard of people trying to make their own synthetic urine from easily available products or even trying to “borrow” a friend’s urine for a test.
If you are on probation for a DUI you should not drink at all. That is actually a condition of your probation. So if you are caught having ingested alcohol, you could face a probation revocation hearing. A probation revocation hearing is initiated by a probation officer and a judge decides on punishment. In Sandy Springs, one of the municipal court judges would decide on guilt or innocence and the punishment if you are found guilty. If you are found to have violated probation, the judge can sentence you to jail.
At worst, the Forsyth County judge could revoke your probation and send you to jail for the duration of your sentence, which would be for 8 months since you wrote that you were sentenced 4 months ago. (I am assuming you were to serve 12 months on probation.) You need to have your Forsyth DUI lawyer speak to your probation officer and try to minimize your punishments. The judge can revoke no time, or, in the judge’s discretion, revoke all of the probation. The best case scenario, although unlikely, is that your PO (probation officer) does not file a violation of probation (VOP). You need to speak with an attorney who has good relationships with the probation officials.
I must assume that you are taking properly prescribed methadone, which is a synthetic opioid. If so, you need to make your Atlanta probation officer aware of your use of the drug. It should not result in a probation violation because using properly prescribed medication is not a probation violation. Many people take all sorts of legally prescribed drugs for various maladies. Georgia law recognizes that many individuals need medications and public policy strongly favors the treatment of illness. As Atlanta DUI lawyers, we would add that it is certainly possible to get a DUI simply by taking prescription drugs, even when used as directed by your doctor.