Failed a Drug Test on Probation in Orlando? (A “Dirty Urine” VOP)

By: John Guidry II

A positive drug test—often called a “dirty urine”—is the single most common reason for a Violation of Probation (VOP) in Florida. If this has happened to you, it’s crucial to understand your options.

My name is John Guidry. When I started defending clients in 1993, a dirty urine almost guaranteed jail time. The good news is that punishments have become far more reasonable, especially for a first offense. However, the system for proving these violations is deeply flawed, and fighting one requires a strategic approach.

Facing a VOP for a Positive Drug Test in Orange, Seminole, or Osceola County? Understand your rights and options. Call me, John Guidry, for a confidential case evaluation. Call Now: (407) 423-1117

Path 1: The Alternative Sanctioning Program (For a First Violation)

For a first-time positive drug test, most counties in Florida, including Orange County, will offer you an “Alternative Sanctioning Program.” This is often the best path forward, as it offers incredible benefits:

• No Arrest
• No Court Dates
• No Judges
• No Need to Hire an Attorney

If you accept the program in Orange County, for example, you can expect sanctions like:

• A professional drug evaluation.
• Completing any treatment recommended by the evaluation.
• A curfew for a set period, often 90 days.
• Mandatory attendance at AA or NA classes for a few months.

For many, this is a fair resolution that avoids the stress and risk of a formal court hearing.

Path 2: Fighting the “Dirty Urine” Allegation in Court

Sometimes, you need to fight. Perhaps the test was a false positive, or you simply don’t want to accept the sanctions. However, you must be aware of two things before choosing this path.

First, if you confessed to your probation officer about using drugs, it will be very difficult to win your hearing. Second, Florida law has a major flaw that gives prosecutors an unfair advantage.

Florida’s Unfair Evidence Law: The Prosecutor’s Secret Weapon

This is unbelievable, but it’s the law: To prove a VOP for a positive drug test, the state does not have to present scientific evidence or bring a lab technician to court. Instead, they allow the probation officer to testify about the lab report’s contents as if they were a scientist.

This is wrong. Probation officers are not scientific experts. They don’t understand the nuances of toxicology. This flawed law will hopefully be overturned one day, but for now, it’s the reality we must fight in the courtroom.

How We Fight Back: Knowing Your Judge is Everything

Because the evidence law is so unfair, the single most important factor in fighting a dirty urine VOP is knowing the judge. Some judges are stricter and may accept the probation officer’s word without question. Others are more skeptical and can be convinced to demand a higher standard of proof from the state.

An experienced local attorney who has handled VOPs in front of your specific judge knows their tendencies. This knowledge is the key to crafting a defense strategy that has a real chance of success.

I have been defending VOPs here in Central Florida since 1993. If your case is in my backyard—Orange, Seminole, Osceola, Lake, or Volusia County—I know the courts, I know the judges, and I know how to navigate this flawed system. Give me a call; I’m sure we can help.

For more information on how violating probation with a positive drug test can be fought here in Central Florida, check out my video entitled “Violation of Probation, Positive Drug Test“.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.