What To Do if You Are Accused of Failing a Drug Test While on Probation

 Posted on November 30, 2025 in Drug Offenses

After working hard to meet all your probation requirements, you find out you have been accused of failing a drug test. This is a frustrating but common occurrence. While a failed drug test has to be addressed, it does not always mean that your probation will be revoked. With the right legal help, you can protect your rights and possibly avoid severe penalties. A knowledgeable Naperville, IL probation violation defense lawyer can guide you through the process and fight to keep you out of custody.

What Happens if You Fail a Drug Test on Probation in Illinois?

The courts set the rules for probation. These rules often include submitting to random or scheduled drug testing. Under 730 ILCS 5/5-6-3, a positive test may be considered a violation of probation. Depending on your case, your probation officer may issue a warning, request additional testing, or report the violation to the court.

If your probation officer reports the violation, the judge will review your record and determine whether to hold a hearing. At that hearing, the court can decide to modify your probation, require counseling, or even revoke your probation and impose jail time. The punishment often depends on whether this is your first violation and what substances appeared in your system.

Can a Positive Drug Test Be Wrong?

Drug testing is not perfect. A positive result can occur for many reasons that have nothing to do with illegal drug use. Some over-the-counter medications, dietary supplements, or prescription drugs can trigger a false positive. Testing errors also happen when labs mishandle samples or use outdated methods.

If you believe your result was wrong, you have the right to question it. Your attorney can request a re-test, review lab procedures, or present evidence showing that you had a valid prescription. False positives are more common than many people realize, and courts understand that mistakes occur. Always tell your lawyer about any medication or supplement you take, even if it seems harmless.

What Should You Do Immediately After a Failed Drug Test?

You can take immediate steps to protect yourself legally. Some steps to consider include:

• Stay calm and do not argue with your probation officer or admit guilt.

• Contact your attorney as soon as you learn about the failed test.

• Gather any medical records or prescription information that could explain the result.

• Continue attending all required meetings and counseling sessions.

• Avoid using any substance that could affect future testing.

Taking these steps shows the court that you are cooperative and responsible. Judges often look more favorably on defendants who take action instead of avoiding the issue.

How Can an Attorney Help You Fight a Probation Violation?

An experienced attorney will carefully examine your case to find weaknesses in the evidence and ensure no one violates your rights. Under Illinois law, the state must present evidence to the court before your probation can be revoked. The standard of proof is lower than in a criminal trial, but the evidence still must be credible. Your lawyer can review how your sample was handled, confirm proper labeling, and challenge lab procedures if needed. When errors exist, results can sometimes be thrown out. An attorney can also negotiate with prosecutors for alternatives like treatment or stricter supervision instead of jail.

Schedule Your Free Consultation With Our Naperville, IL Probation Violation Defense Attorney

If you are accused of violating your probation, our Naperville, IL probation violation defense lawyer can help. Attorney Philip R. Nathe has more than 25 years of legal experience helping clients protect their rights. As a former Assistant State’s Attorney in DuPage County, he understands how prosecutors build their cases. More importantly, he knows how to defend against them. Call Law Office of Philip R. Nathe today at 630-416-7600 to schedule your free consultation.