Facing Probation Violation for a Failed Drug Test in San Antonio? We Fight to Protect Your Freedom

A single positive urine test can put your entire future in jeopardy. In the high-stakes world of Texas probation, a “dirty UA” is one of the most common—and most perilous—violations your probation officer can allege. The notice you received isn’t just a warning; it’s the first step in a legal process that could lead to your probation being revoked and you being sent to jail or prison. But a positive drug test is not an automatic guilty verdict, and it is not the end of your chance for freedom. At Barton & Associates, Attorneys at Law, our San Antonio probation violation defense attorneys specialize in defending clients against Motions to Revoke based on failed drug tests. We understand the science, challenge the evidence, and build powerful arguments for rehabilitation over incarceration.

The Immediate Danger: Understanding the Violation Process for a Failed UA

When your probation officer (PO) reports a positive drug screen, the District Attorney’s office files a Motion to Revoke Probation (MTR) or, if you are on deferred adjudication, a Motion to Adjudicate Guilt. The court then schedules a hearing where a judge will decide if the violation is “true.”

The critical thing to understand is this: The burden of proof is on the State, but the standard is low. They must prove the violation by a “preponderance of the evidence” (more likely than not), not “beyond a reasonable doubt.” This makes your defense strategy paramount. You cannot afford to simply hope for mercy; you need a legal advocate who will force the state to prove its case and present you as a candidate for continued probation.

Challenging the Evidence: How We Fight Your Positive UA Allegation

A probation officer’s report is not irrefutable evidence. Our first line of defense is a rigorous, scientific, and procedural challenge to the state’s entire case.

1. Attacking the Lab Results & Chain of Custody

The state must prove the sample tested was your sample and that it was handled properly from collection to analysis.

• Chain of Custody Gaps: We subpoena all lab and probation department records. Any break in the documented chain of custody—a missing signature, an unaccounted-for period—can cast doubt on the integrity of the sample.
• Lab Certification & Procedure Errors: We investigate the testing facility’s certifications (SAMHSA, CAP-FUDT). We examine the lab’s standard operating procedures for potential deviations.
• False Positives & Cross-Reactivity: Many legitimate substances can trigger false positives on standard immunoassay screens. We investigate potential cross-reactivity from:
  • Prescription medications (e.g., certain antidepressants, painkillers).
  • Over-the-counter drugs (e.g., ibuprofen, cold medicines like Sudafed).
  • Certain foods (e.g., poppy seeds creating a false opioid positive).

2. Questioning the Collection Process & PO Testimony

The manner of collection is often flawed. We prepare to cross-examine your probation officer on:

• Observation Procedures: Were proper direct observation protocols followed, if applicable? Were there privacy violations?
• Temperature & Tampering: Was the sample’s temperature checked immediately? Were there any signs of tampering that were ignored?
• Documentation Errors: Are the dates and times on the violation report consistent with lab reports? Inconsistencies undermine credibility.

3. Presenting Alternative Explanations

We build a credible narrative that explains the test result without admitting to a willful violation of your probation terms.

• Valid Prescriptions: We gather pharmacy records and doctor’s notes to prove a positive result for a controlled substance was due to a legally prescribed medication.
• Inadvertent Exposure: In cases like marijuana, we can argue the possibility of passive inhalation in a social setting, which, while not a complete legal defense, can be a powerful mitigating factor when arguing for a second chance.

The Mitigation Defense: Arguing for Treatment, Not Incarceration

Even when a positive test is difficult to dispute, revocation is not inevitable. The most powerful strategy we employ is transforming the narrative from “punishment” to “rehabilitation.” Texas law and Bexar County judges often favor interventions that address the root cause of the behavior.

We build a compelling mitigation package to present to the prosecutor and the judge, arguing that continued probation with enhanced treatment is in the best interest of justice and public safety. This package includes:

• Proof of Stability & Progress: We gather pay stubs, employer letters, and proof of stable housing to show you are a contributing member of the community.
• Immediate Voluntary Action: We advise and help you enroll in an outpatient treatment program, NA/AA meetings, or individual counseling before your hearing. Taking proactive, voluntary steps is the single strongest signal you can send to the court.
• Character References: Letters from family, friends, employers, and community leaders that speak to your character, your efforts on probation, and the negative impact incarceration would have on your dependents.
• Argument for a “Second Chance” Agreement: We negotiate with the prosecutor for a modified probation order instead of revocation. This can include:
  • Enhanced Conditions: Adding more frequent drug testing, mandatory counseling, or a curfew.
  • Short-Term Sanctions: A brief period of weekend jail or increased community service hours.
  • Inpatient Treatment Referral: For serious substance use issues, we may argue for placement in a SAP (Substance Abuse Program) or long-term treatment facility as a condition of probation, which is preferable to a prison cell.

The Critical Difference: Deferred Adjudication vs. Straight Probation

Your defense strategy is heavily influenced by your original probation type.

• If you are on DEFERRED ADJUDICATION: A positive UA is exceptionally dangerous. If the judge finds the violation “true,” they can adjudicate you guilty (give you a final conviction) and sentence you to any punishment within the full range of the law for your original charge—which could be far greater than your original plea deal. Our strategy here is doubly aggressive, focusing on case dismissal or modification to avoid a conviction at all costs.
• If you are on STRAIGHT PROBATION: The judge’s options are typically limited to continuing your probation (with or without modifications) or revoking it and imposing the sentence you originally received. This gives us more room to argue for continuation.

Your Action Plan: What to Do Right Now After a Failed Drug Test

1. DO NOT ADMIT GUILT TO YOUR PROBATION OFFICER. Anything you say will be in their report. Politely decline to discuss the specifics until you have spoken with your attorney.
2. STOP USING ANY AND ALL SUBSTANCES IMMEDIATELY. Be prepared for more frequent and unexpected testing. Your commitment to staying clean from this moment forward is crucial.
3. GATHER EVIDENCE OF PRESCRIPTIONS. Collect bottles and contact information for any doctor who has prescribed you medication.
4. ENROLL IN A TREATMENT OR SUPPORT PROGRAM. Take a screenshot of a meeting schedule or get an intake confirmation from a counselor. This proactive step is vital.
5. CONTACT OUR SAN ANTONIO OFFICE URGENTLY. The sooner we begin building your defense and mitigation case, the stronger your position will be at the negotiation table and in court.

Why Barton & Associates Is Your Best Defense in Bexar County

Defending a probation violation for a positive UA requires a unique blend of scientific skepticism, negotiation skill, and compassionate advocacy. Our local expertise is your advantage.

• Knowledge of Local Protocols: We know the testing labs, collection procedures, and common practices of the Bexar County Community Supervision and Corrections Department. We know where the procedural weaknesses often are.
• Relationships That Matter: Our professional experience with local prosecutors and judges allows us to have frank pre-hearing discussions. We know which arguments for treatment and rehabilitation are most persuasive in our courtrooms.
• A Dual-Track Strategy: We simultaneously prepare to tear apart the state’s evidence and craft a powerful human story of your rehabilitation. We are always fighting on two fronts: challenging their case and advocating for your character.
• Realistic, Honest Counsel: We will give you a clear assessment of the strengths and weaknesses of your case. If the evidence is strong, we pivot seamlessly to a mitigation-focused strategy aimed at saving your probation.

Frequently Asked Questions: Failed Drug Tests & Probation

Q: My PO says I can just admit to it and they’ll give me a warning. Is that true?
A: This is an extremely risky gamble. While some POs may offer this, once you plead “True” in court, the judge is not bound by the PO’s suggestion. The judge can still revoke your probation. Never admit to a violation without first consulting with an attorney who can negotiate a guaranteed outcome in writing from the prosecutor.

Q: I have a prescription for medical marijuana. Is that a defense?
A: Texas’s Compassionate Use Act is very narrow and does not protect most medical marijuana use from federal prohibition or state probation terms. Most probation orders explicitly prohibit any marijuana use. A prescription is unlikely to be a full defense, but it becomes a critical part of our mitigation argument for treatment over punishment.

Q: Can I request a retest of the sample?
A: Yes, but you often must act quickly and pay for it yourself. We can advise on the procedures and strategic value of an independent retest, which can sometimes identify lab errors.

Q: What if this is my second or third violation for a positive UA?
A: The stakes are higher, but the fight is not over. We shift the argument even more strongly toward mandatory inpatient treatment as a court-ordered condition of probation. We frame incarceration as a costly, ineffective solution compared to mandated rehabilitation.

Don’t Let a Single Test Result Define Your Future

A failed drug test is a serious setback, but it does not have to be the end of your probation or your freedom. With an immediate, strategic, and vigorous defense, you can fight the allegations and argue powerfully for the chance to continue your progress.

If you are facing a Motion to Revoke Probation in San Antonio, Austin or Corpus Christi, Texas due to a positive UA or failed drug test, contact Barton & Associates, Attorneys at Law, immediately at 210-500-0000. We will review your situation, explain your rights, and begin building the defense you need to protect your second chance.

Main Category: Criminal Defense
Practice Area Category: Motions to Revoke Probation
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000