Probation Alcohol Testing Procedures: What to Know

If you’ve been convicted of or pled guilty to a crime and were sentenced to probation, you will likely have to undergo alcohol testing as part of the process. This is especially true if you are engaged in a pre-trial diversion program or your offense was related in some way to alcohol and/or drugs.

Understanding probation alcohol testing procedures – and what happens if you don’t abide by them – is incredibly important for anyone in this situation. 

Why is alcohol testing required during probation?

For defendants, an important part of being on probation is understanding why testing procedures are required. Some of the primary reasons include: 

• Maintaining responsible behavior: One of the most important reasons courts require alcohol testing is to make sure defendants engage in responsible behavior and stay away from anything that could get them in trouble again. 

• Protecting the community: For people with a history of alcohol-related offenses, alcohol testing can protect the community around them as well. If a person is prone to committing criminal offenses while under the influence, making sure they stay sober benefits everyone around them. 

• Supporting personal accountability: Regular alcohol testing also keeps individuals accountable to themselves.¹ Some people want to abstain but have difficulty doing so, and regular and random testing can help keep them on the right path.  

• Compliance with court orders: Ultimately, the court requires alcohol testing as part of the probation conditions. In some cases, even those who haven’t engaged in offenses related to drugs or alcohol must undergo drug and alcohol testing to successfully complete probation. 

So, alcohol testing during probation is a critical tool that serves multiple functions.

Common testing methods

Another important factor to understand is how courts test for alcohol. The most common methods include:

In-person testing

In some cases, testing is done in-person, in which the defendant must go to the probation office and provide a blood or urine sample (usually urine). The office will test the sample for alcohol as well as several other substances. While these can be effective, they are also incredibly inconvenient for anyone trying to work, go to school, or handle other responsibilities throughout the day. 

SCRAM bracelet

Courts often use the SCRAM (Secure Continuous Remote Alcohol Monitoring) bracelet to monitor alcohol levels for defendants on probation. It sends data to a central monitoring system, providing authorities with a real-time overview of alcohol levels. While most courts consider this to be a legitimate tool, it can sometimes malfunction or send incorrect levels because of its sensitivity.² 

It’s also important to note that defendants generally incur fees for the bracelet, and the costs vary widely, depending on your location, income, or other factors.

Remote breathalyzer testing

Remote monitoring options like BACtrack View provide a convenient alternative by allowing individuals to test their blood alcohol content anywhere.

Moreover, a record of negative alcohol test results can signal to the court that you’re committed to sobriety.

BACtrack View, for instance, is court-approved and used across hundreds of jurisdictions in the country. However, defendants must verify with their attorney, probation officer, or judge, as some courts only accept specific testing providers or may require in-person testing.

Some individuals will also be required to undergo regular monitoring in addition to random screenings to ensure compliance. The exact testing procedures vary slightly by jurisdiction.

Consequences of violating probation alcohol testing procedures

Missing or failing an alcohol test leads to serious consequences for individuals on probation. So, for anyone who finds themselves in this situation, it’s essential to understand the possible ramifications. 

Immediate consequences: Probation officer notifications

When you first miss or fail the test, expect to hear from your probation officer right away.

If you’ve missed the test, they may be kind enough to let you reschedule it for later in the day or the next day. However, they may not do this and may instead consider it a violation of your probation.

If you’ve failed the test, you’ll hear from your probation officer and will be notified of the test outcome. The officer consider it a violation of your probation. 

Possible sanctions

Sanctions for missed or failed tests vary. Possible consequences include:

Warnings

If it’s your first violation and you’ve abided by all other rules, your probation officer might be willing to simply give you a warning. This is exactly what it sounds like – you won’t be punished in any way, but you will be warned that any future violation, no matter how small, will lead to penalties.

Court hearing

If the probation officer decides to forego a warning and consider your missed or failed test a violation, they will either take you into custody right away or schedule you for a court hearing in the very near future.

If you’ve never violated before and your underlying case is non-violent and not that serious, it’s possible that you will just be told to show up for a court hearing instead of being taken into custody. 

Once at the court hearing, the judge will decide the outcome of your probation violation. Possibilities include: 

• Community service: In some cases, the judge may order you to complete community service hours as a sanction for violating your probation. The judge may view it as an opportunity for rehabilitation and as a punishment for your violation. 
  
• Probation extensions: The judge may decide to extend your probation period and give you another chance to comply with all the rules. If you violate again after this, it’s almost certain that you will be facing revocation of probation and possible jail time. 
  
• Probation revocation: If the judge revokes your probation, they usually have two primary options. They can either re-sentence you to probation and provide stricter conditions and a longer probation period. Or, they can send the defendant to jail to finish the rest of their sentence there. When someone doesn’t do well on probation, it signals to the court that they need to face more serious consequences.

The procedure for (and outcomes of) a probation violation vary slightly from jurisdiction to jurisdiction.

But in all of these situations, all defendants are entitled to have a defense attorney by their side to help them achieve the most favorable outcome. So, if you find yourself on probation, be sure to seek legal counsel.

About The Author

Rachael Goldstein

JD

Rachael Goldstein is an accomplished legal copywriter and editor with a career arc that traces back to the courtroom. St... Read More