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Old 06-15-2009, 05:43 PM
JamesBerg
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Question Montana UA / Dilution laws/rules with Probation/Parole

A friend of a friend was wondering if there were any additional rules to "supplying UA" any any time.

According to:
http://www.mtrules.org/gateway/ruleno.asp?RN=20.7.1101
Part/Section (9) it states:

Quote:
(9) The offender is prohibited from using or possessing alcoholic beverages and illegal drugs. The offender is required to submit to bodily fluid testing for drugs or alcohol on a random or routine basis and without reasonable suspicion.
....

Would "without reasonable supicion" be classified as "tampering/diluting" the sample?

I read other states laws and in their rules/laws some actually SAY "must provide a urine sample at any time w/out alteration/diltution"...

In Montana, on Probation/Parole (without any other special rules that apply to that person on his/her probation) would it be a violation to dilute your UA? Or if that person was diluting every time they went in, would he/she just be suspected to be using and be subject to more UA's at the discretion of the P.O?

Some states say that a "dilution or alteration" of a UA is an automatic "failure" and a violation. But in the Montana MCA it says nothing like that....


Any Ideas? We were thinking along the lines of that was what without reasonable suspicion meant(?)
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Old 06-15-2009, 05:49 PM
moderator moderator is offline
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Without reasonable suspicion in this instance would mean that the probation officer doesn't need reasonable suspicion to have the person submit to the test. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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Old 07-27-2010, 06:16 PM
Karma1031 Karma1031 is offline
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ok so i need to know the same thing the guy above me asked. Basically I need to know that if my drug test comes back altered and/or diluted then what can my PO do to me? Is it really considered a violation or a positive drug test? I really need to know here ppl and soon. Plz
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Old 07-28-2010, 05:14 PM
moderator moderator is offline
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Typically you can be violated for it. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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dilution, probation, urine, violation


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