The short answer: Missing check-ins, drug screens, or treatment sessions is usually a technical violation in Tennessee. In State v. Borel (October 2026), the Court of Criminal Appeals held that a judge can’t fully revoke felony probation for a first technical violation, even when the State counts many separate failures. Misdemeanor probation is different: it can be fully revoked even on a first violation.
| Case | State v. Borel |
| Court | Tennessee Court of Criminal Appeals |
| County | Madison |
| Decided | October 21, 2026 |
| Docket no. | W2025-01473-CCA-R3-CD |
| Result | Felony probation reinstated; misdemeanor revocation affirmed |
| Opinion | Read the opinion (PDF) |
What happened
In February 2025, the defendant pleaded guilty to a fourth-offense DUI (a felony), two weapons charges, and driving on a revoked license. He served 150 days in jail and then started two years of intensive probation, supervised through the Veterans Treatment Court program.
Within a few months, he missed three group meetings, ten check-ins, two drug screens, and a meeting with program staff about his absences. He told the court he was on foot and had to walk almost everywhere. The program terminated him, and a violation warrant charged him with failing to comply with Veterans Court, marked “technical only.”
The trial judge said these weren’t technical violations because completing the program was a special condition of probation, and revoked every sentence in full.
What the court decided
- Failing a treatment program is a technical violation. Under T.C.A. § 40-35-311(g), a technical violation is any probation violation that isn’t a new felony, a new Class A misdemeanor, a zero-tolerance violation, absconding, or contacting the victim. Failing a court-ordered treatment program fits that definition (State v. Noel, 729 S.W.3d 315 (Tenn. Crim. App. 2025)).
- Sixteen failures were one violation. The State argued that each missed meeting, check-in, and screen was a separate violation, sixteen in all. The court disagreed. The warrant charged one condition, complying with Veterans Court, so it was one instance of technical violations, following State v. Norrod (Tenn. Crim. App. Aug. 2026).
- Felony probation couldn’t be fully revoked. Since the 2021 reforms, a judge can’t fully revoke felony probation for a technical violation unless it’s the fourth or later revocation (§ 40-35-311(d)(2), (e)(1)(A)(iv)). This was his first, so his felony probation was reinstated.
- Misdemeanor probation could be. For misdemeanors, a judge may fully revoke even on a first technical violation (§ 40-35-311(d)(1)). Looking at his early noncompliance, repeat DUI history, and lack of accountability, the court upheld full revocation of his misdemeanor sentences.
Tim’s take
In Borel, the defendant missed three group meetings, ten check-ins, two drug screens, and a meeting with Veterans Treatment Court staff. The State counted those as sixteen separate violations, but the court treated them as a single technical violation, because the condition was to complete the program and that’s how the violation warrant charged it. That meant the trial court couldn’t fully revoke his felony probation for a first technical violation, though it could still revoke his misdemeanor probation in full, since courts have much wider latitude there. As a former prosecutor, I can tell you how a violation is counted and written up matters, and challenging it can be the difference between staying on probation and serving your sentence.
What this means if you’re facing a probation violation
- Read the violation warrant closely. How it’s written, and how many violations it really charges, can limit what the judge is allowed to do.
- Felony and misdemeanor probation are treated differently. A plea that mixes the two can leave the misdemeanor sentences exposed even when the felony is protected.
- Your history matters. The limits on full revocation depend on whether this is your first, second, third, or later revocation.
- Get a lawyer before the hearing. A violation hearing is where these arguments are won or lost.
Facing a probation violation in Tennessee? Call (615) 652-0321 for a free consultation.
Frequently asked questions
What is a technical probation violation in Tennessee?
A violation of probation rules that isn’t a new felony, a new Class A misdemeanor, a zero-tolerance violation, absconding, or contacting the victim. Missed check-ins, missed drug screens, and failing a treatment program are common examples.
Can I go to prison for missing probation check-ins in Tennessee?
On felony probation, a judge can’t fully revoke your sentence for a technical violation unless it’s your fourth or later revocation. On misdemeanor probation, full revocation is possible even the first time.
Does each missed appointment count as a separate violation?
Not necessarily. In Borel, repeated failures under one condition were treated as a single instance of technical violations.
Related reading
This post summarizes a court opinion for general information. It is not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts.
