“It’s Too Watery”: Why a “Dilute” Urine Sample Is Not Enough to Revoke Your Probation

By: John Guidry

Words are important. Everybody thinks they have the right to free speech, but that’s not true inside a courtroom. In criminal cases, what can be “said” is limited to what the witness actually knows.

• The Example: A cop cannot tell a jury, “This pill is Hydrocodone because I looked it up on Drugs.com.” He has no personal knowledge; he is just repeating what a website told him. That is Hearsay, and it is inadmissible.

The Loophole: Unfortunately, the Hearsay Rule is lax in Violation of Probation (VOP) hearings.

• The Rule: Hearsay is admissible in a VOP, but it cannot be the sole basis of the violation.
• The Trap: If you don’t object, the judge treats it as fact. If you do object, it is admitted for a “limited purpose,” but we can argue it is insufficient to send you to prison.

Did your PO violate you because the lab said your sample was “Dilute”?

That is a scientific opinion they often can’t prove. Call John today at (407) 423-1117.

The Case: Wagle v. State (The “Dilute” Mystery)

In Wagle v. State, 951 So. 2d 114 (Fla. 5th DCA 2007), Wagle was sentenced to 5 years in prison for violating probation.

• The Allegation: He failed a drug test.
• The Field Test: The PO tested his urine, and it popped positive for Cocaine. Wagle denied it. (Smart move—never admit!).
• The Retest: Because he denied it, the PO tested the same sample again. This time? Negative. (Real “scientific,” right?).
• The Lab Report: Confused, the PO sent it to the lab. The report came back: “Specimen Status: NEGATIVE. Specimen Validity: DILUTE.”

The Violation: The PO violated him for diluting his urine, arguing he drank water to hide the drugs.

The Ruling: The PO is Not a Chemist

The Appeals Court reversed the violation and the 5-year sentence. Why? Because the State failed to prove Intent.

1. No Scientific Proof of Dilution The Court noted:

“There is no evidence as to how the sample was allegedly dilute or the degree of the alleged dilution.” Simply having a paper that says “Dilute” is not enough. The State must prove what made it dilute. Was it water? Bleach? Or just a well-hydrated kidney?

2. The “Unqualified” Opinion The most damning part for the State was the Probation Officer’s testimony.

“The probation officer was clearly not qualified to give an expert opinion with regard to the meaning of a ‘dilute’ result.”

Unless the PO has a Master’s Degree in Chemistry, they cannot explain to the Judge why your urine was clear. If they can’t explain it, they can’t use it to put you in prison.

John’s 2026 Update: Creatinine Levels & The “Hydration” Defense

Note: In 2007, Wagle won because the lab report was vague. In 2026, the labs use specific numbers, but we can still beat them.

1. The “Creatinine” Standard In 2026, labs don’t just write “Dilute.” They report Creatinine Levels.

• The Science: Creatinine is a waste product in urine. Normal is >20 mg/dL. If you are under 20, they flag it as “Dilute.” If you are under 2, they flag it as “Substituted” (fake pee).
• The Defense: Even with the numbers, Wagle applies! If the prosecutor only brings the PO to court, we object: “Objection. This officer is not a toxicologist. He cannot explain what Creatinine is or why a low number proves ‘intent’ to deceive versus just drinking healthy amounts of water.”

2. The “Medical Marijuana” Factor The game has changed with Medical Marijuana cards.

• The Scenario: Many probationers have Medical Cards. POs know they can’t violate you for THC, so they look for “Dilution” to claim you are hiding other drugs (like Fentanyl).
• The Strategy: We argue that because you are legally allowed to have THC, you have no motive to dilute your urine. Why would you hide legal medicine? This casts doubt on the “Willfulness” of the dilution.

3. The “Fitness/Hydration” Defense With the popularity of “Gallon Challenges” and hydration tracking apps, many people have naturally dilute urine.

• The Tactic: We bring your gym logs or “Water Llama” app history to court. If we show you always drink a gallon a day for health, a “Dilute” result is not a crime—it’s a lifestyle.

Make Them Bring the Chemist

If the State wants to send you to prison for clear urine, they need to bring a scientist to court to explain why being hydrated is a crime. They rarely do.

Call me at (407) 423-1117. Let’s challenge the lab results.

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.