Failed Drug Test While on Probation in Pennsylvania: Can I Avoid Severe Legal Consequences?

October 10, 2025

Being on probation means you are on thin ice and subject to the demands of the court. It makes sense that when you fail a drug test, it feels like you have been doused in cold water. The most pressing question is whether you are going to face serious consequences, possibly including jail time or worse, as a result of the positive test.

Several factors may influence whether you face jail time (or other penalties). The most influential factor is the persuasiveness of any defense you present to the allegation that you failed a drug test.

The LLF Law Firm Criminal Defense Team has helped many clients overcome seemingly impending probation violations. Do not wait to call the LLF Law Firm today at 888-535-3686 or contact us online to find out how we will fight for you.

Is Failing a Drug Test Considered a Probation Violation?

Pennsylvania law explains that failing a drug test can be a probation violation that calls for “swift, predictable and brief sanctions.”

The terms of your probation will dictate whether a failed drug test constitutes a violation, but the very fact that you took a drug test suggests that it probably is.

Potential Consequences If a Pennsylvania Court Finds That You Violated Probation

Pennsylvania has a clearly defined response to probation violations. The response is to put the alleged violator in jail, including for terms of:

  • Three days for a first violation
  • Seven days for a second violation
  • 14 days for a third violation
  • 21 days for a fourth violation

Even three days in jail can be immensely disruptive to your life, potentially even costing you your job and resulting in psychological, financial, interpersonal, and emotional hardship. Longer sentences tend to be even more harmful.

A judge might also (or instead) choose to modify probation terms, possibly to reflect any substance abuse struggles you are enduring. The judge’s other options may be to revoke probation (which can coincide with the imposition of a more serious sentence) or continue with probation as-is.

The LLF Law Firm Is the Team to Hire When a Failed Drug Test Has You Stressed.

Once you are arrested for an alleged probation violation, expect to undergo a hearing within two business days. Warning hearings might come before a probation violation hearing. The warning hearing may produce a resolution (like a warning) or may be a stepping stone to a formal probation violation hearing.

A probation violation hearing is where a judge decides whether you committed a violation and determines the next steps. Our team will prepare you for this hearing by:

  • Identifying the proper defense: We might argue that you are the victim of a false positive (perhaps due to a lab error), that the positive resulted from you taking a prescribed or over-the-counter medication, or that you unknowingly ingested the substance that resulted in the positive test.
  • Preparing you for the hearing process: Whether or not you have experienced a probation violation hearing before, we will make sure you are psychologically and practically ready for this one.
  • Advising you before and after the hearing: The LLF Law Firm Criminal Defense Team is on your side, both before the hearing and to help you address whatever follows.

If you want to admit to ingesting the substance that triggered a positive drug test, we will lend our advice and, perhaps, help you seek leniency from the judge.

The LLF Law Firm Criminal Defense Team

We deftly deal with uniquely complicated cases, including when an out-of-state resident is accused of a probation violation in Pennsylvania. We also handle more straightforward cases with the utmost urgency and professionalism.

Do not wait to call the LLF Law Firm Criminal Defense Team today at 888-535-3686 or contact us online and get the legal assistance you deserve. If you have any other questions about probation, we have the answers. Contact us today.

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