I Failed a Drug Screen While on Probation for My 2nd DWI. I Have Court on the 7th for a Cause Hearing. What Do I Need to Do? What Is Likely to Happen? ~ Recent Live Chat
Failing a drug or alcohol test while on probation can feel overwhelming, especially if you’re already dealing with the consequences of a second DWI. If you have a court date set for a cause hearing, it means the court is reviewing whether your probation should be revoked or modified due to the violation. Here’s what you should know and how to prepare.
What a Cause Hearing Means
A cause hearing is the court’s opportunity to determine whether you violated the terms of your probation. In your situation, the failed drug screen is the alleged violation. The judge will decide whether the evidence is enough to move forward with revoking or modifying your probation.
What Could Happen at the Hearing
Depending on the facts of your case, the judge has several options, including:
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Continuing probation as-is (though this is rare after a failed drug test, it is possible).
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Modifying probation terms – such as adding stricter requirements, more frequent testing, mandatory treatment, or additional community service.
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Revoking probation – which could mean serving the original jail or prison sentence tied to your DWI conviction.
For a second DWI offense, courts in Texas tend to take violations more seriously. However, the outcome depends heavily on how you present yourself in court and the legal arguments made on your behalf.
What You Should Do Before Your Court Date
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Speak with a Criminal Defense Lawyer Immediately – Do not go to your hearing without representation. An attorney can challenge the evidence, negotiate alternatives, or argue for treatment instead of jail time.
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Show Effort Toward Recovery – Enroll in counseling, treatment, or AA/NA meetings before your hearing. Judges often look favorably on proactive steps.
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Gather Supporting Evidence – If there are medical reasons for a failed test or issues with how the test was administered, your lawyer may be able to raise these in court.
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Be Prepared to Take Responsibility – If the violation is clear, showing accountability and a willingness to address the issue can impact the judge’s decision.
Why Legal Help Matters
Probation violations, especially tied to a second DWI, can carry severe consequences. Having an experienced DWI defense attorney on your side can make the difference between going to jail and being given another chance under stricter supervision.
At The Law Office of Richard C. Bisenberg, we defend clients facing probation violations, DWI charges, and other criminal matters throughout Texas. If you’ve failed a drug screen while on probation, don’t wait until your court date—get legal help now.
👉 Contact us today to schedule a consultation and protect your future.
