Legal Question in DUI Law in District of Columbia

got caught with marijuana possesion in washington DC. I have no criminal history so I am eligible for deferred prosecution agreement. I heard that DPA was one an done drug testing and i tested negative at arraignment court. Yesterday my cousin tricked me and i accidentally ate a pot brownie. I have a court date on 3/20 to officially set the community service schedule and accept the DPA. I am now nervous i will be drug tested on this 3.20 and fail it. My public defender says that there will be no drug test on 3.20 because DPA is one and done but my friends( who were caught with weed to) say that their public defenders say a drug test will happen. My public defender insists this test will not happen especially with the one and done nature of DPA and my negative test results. Will I get tested again even if DPA is one and done and I passed the first time?


Asked on 3/02/14, 12:23 pm

1 Answer from Attorneys
Sean Hanover Hanover Law

Drug testing on the day of sentencing

That really has a lot to do with: (a) the judge, and (b) the prosecutor. However, when there is a drug offense in play, almost always you will be tested again. Whether on that day, or during the period of probation (usually regular drug testing a part of the agreement). By the way, the a DPA is better than a DSA -- so congrats on that. You won't have to plea guilty, and there is nothing on your record at the moment.

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Answered on 3/02/14, 12:33 pm


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