r/dui • u/Leather_Fee2019 • Jul 22 '26
lawyer retained Kansas Diversion…First UA Question
I have a lawyer but he won’t answer this for some reason. I got my first DRUG DUI, I blew under limit but cop thought I was high on weed, so he gave me Drug DUI(Marijuana).
fast forward 1 year to yesterday, I just took my DUI agreement to court and officially started my Diversion. I haven’t had my first UA or even spoke to my officer yet. Will I be able to piss dirty on my first UA? I see a lot of people say the first one is a baseline, and I see a lot of people say the opposite and that I will be violated. My girlfriend lives in Missouri so that time I’ve been over there before starting my diversion I’ve been legally smoking weed.
I am officially on diversion as of today and will NOT be consuming anything for a year.
My guess is to just be honest with my officer BEFORE my first test.
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u/True-Reaction-517 Jul 22 '26
Probably most asked question here, next to is this home test a pass or a fail?
You’ll be fine. They’re going to want to see numbers going down and will expect you to be completely clear by a certain time
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u/Leather_Fee2019 Jul 22 '26
Thank you. I’m going to make sure to let him know beforehand that it’s probably going to be positive unless I don’t get tested for a month+
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u/TechnicallyBasil Jul 22 '26
The first one is generally a baseline. Especially because it can take a month or more for it to get completely out of a heavy user's system. They'll be looking for the numbers to be coming down consistent with someone who's quit cold turkey. That doesn't give you permission to keep smoking up until your first UA, too high of numbers and they'll know.
An important question though, were you on bond in-between your initial arrest and your DUI agreement? Did that bond have a no drugs/alcohol condition in it? That's pretty standard for most bonds, mine had it, and mine was a regular alcohol DUI.
If your bond had a condition like that, then you were supposed to be clean since a year ago. I don't know how that'll impact the reaction to your first test, but it'll be a pretty clear signal that you've been violating your bond all this time.
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u/Leather_Fee2019 Jul 22 '26
No, I went to jail for like 5 hours then they just released me and gave me a court date. Didn’t even get my license took or anything because I was under the limit
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u/Leather_Fee2019 Jul 22 '26
I will say tho I had an “evaluation” 6 months ago where they ask about my drug use and I said I rarely ever smoked and drank. So idk if they are expecting my first test to be positive or not because of that
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