How Positive Drug Screens Are Handled by Gwinnett Probation Officers—and When Jail Is Avoidable

If you’re on probation and either failed a drug test or are concerned you’ll fail one, you have questions. Most importantly, you might wonder whether it means you’re going to jail. In Gwinnett County, a probation officer will take action to address an alleged violation, but a positive test does not necessarily mean jail is unavoidable. The circumstances surrounding the test, your probation terms, and your history of compliance can all affect what happens after a positive screen. 

Why is Drug Screening a Common Probation Term, and How Does It Work? 

Drug testing may be a condition of probation when the court wants to monitor whether a person is following restrictions on drug or alcohol use. The probation order may require you to submit to testing at specific times, randomly, or when your probation officer directs you to do so. Testing can help the court and probation department determine whether you are complying with these conditions.

Depending on the terms of probation, testing may involve providing a urine, saliva, blood, or hair sample. The testing process and frequency can vary based on the court’s order and the probation department’s policies.

Will I Go to Jail Automatically if I Fail a Drug Test while on probation?

No, not necessarily. When you fail a drug test while on probation, your probation officer may take steps that could lead to a probation violation proceeding. The exact process and potential consequences depend on your probation terms, the circumstances of the alleged violation, and your jurisdiction’s laws.

A probation officer can file a violation report describing the alleged violation with the appropriate court or authority. The report may explain the test result and any other concerns involving your probation.

The officer may also recommend treatment, additional monitoring, or incarceration depending on the circumstances and applicable probation policies. A recommendation is not necessarily the final decision. The court may have authority to determine what consequences, if any, should follow.

In some situations, the probation officer may request or seek a warrant for your arrest based on an alleged probation violation. Whether a warrant is issued depends on the applicable procedures and the circumstances of the case.

Frequently Asked Questions 

How do I know whether I am required to take a drug test on probation in Gwinnett County?

It is important to know what is required of you while on probation. Don’t assume everyone on probation has the same testing requirements. Your individual case conditions matter, so check your paperwork before missing or refusing a required test.

You can usually find your Gwinnett probation drug-testing requirements in your probation paperwork, sentencing order, or other documents you received when your probation started. If you can’t find your paperwork or are unsure what a particular condition means, ask your probation officer for clarification. You can also have a Georgia criminal defense or probation attorney review your probation conditions and explain what they require you to do.

Should I take the drug test if I know I’m going to test positive?

If you know you may test positive, don’t assume that skipping the test will make the problem go away. If drug testing is a condition of your probation, refusing or missing a test could create another probation problem. If you’re required to test, follow the instructions you were given. Don’t try to alter, dilute, or tamper with the sample. That can lead to additional consequences. If you’re worried about a positive result, talk to your probation officer or a lawyer as soon as possible. 

Will I have to test for drugs when on probation in Georgia?

Yes, you may be required to drug test while on probation in Georgia, but drug testing is not necessarily identical for every probationer. Georgia law allows the court to establish probation conditions, including requiring a probationer to avoid “injurious and vicious habits.” “Injurious and vicious habits” can include conduct involving alcohol or controlled substances when the probation conditions prohibit that conduct. The statute GA Code § 42-8-35 (2025) also specifically allows probationers to be required to undergo rehabilitation-related evaluations and testing and to pay for drug screening. 

What if I think that the drug test was wrong?

If you think the test was wrong, tell your probation officer. Stay calm and do not act inappropriately when contesting the results. Ask your probation officer or testing provider whether the result was a preliminary screening result or a confirmed laboratory result. Some screening tests can produce false positives and may require confirmatory testing. You should also ask whether you can have the sample independently reviewed or subjected to confirmatory testing.

Could a prescription drug cause a positive result?

Yes, certain prescription medications can potentially affect drug-screen results, depending on the medication and type of test used. If you are on probation and receive a positive result, do not panic. However, don’t assume everything will be fine and say nothing. Tell your attorney about every medication you take and provide prescription records or other documentation. Additionally, you should avoid changing or stopping prescribed medication without speaking with your healthcare provider. You may be able to challenge a positive drug screen with evidence that the positive was caused by a medication that you have been prescribed and are taking for legitimate purposes. Your attorney can help determine what may help dispute the alleged probation violation.

Contact a Gwinnett County Probation Attorney

If you are facing a positive drug screen while on probation, don’t wait to find out what happens next. A Gwinnett County criminal defense attorney can review your probation terms, explain the possible consequences, and help you understand your options.