BAKER, C.J.
As in Carswell [v. State, 721 N.E.2d 1255, 1258 (Ind. Ct. App. 1999)], we find that the portion of the probation condition at issue herein providing that results of a polygraph examination are admissible in future court proceedings is impermissible and direct the trial court to strike this part of the condition. It is permissible, however, to require that Hoeppner submit to these examinations, the results of which may be used in future probation revocation proceedings. We acknowledge Hoeppner’s concern that the clause seems to deprive him of due process rights by stating that positive results will constitute a probation violation, seemingly removing the State’s obligation to prove that a violation has, in fact, occurred. See Ind. Code § 35-38-2-3(e) (providing that the State must prove a probation violation by a preponderance of the evidence).
Therefore, we remand with instructions to amend condition of probation thirteen to read as follows:
You shall not use, possess, or be in the presence of any illegal drugs or controlled substances. Further, you shall not ingest any product containing Hemp. You shall submit to a lie detection test and/or alcohol and drug detection test equipment, as requested by your probation officer, to determine personal drug and/or alcohol use and your knowledge of drug trafficking. Further, you will submit to a blood, urine, or hair analysis within two hours of the time of request by your probation officer to determine the presence of alcohol, drugs, or controlled substances in your system. Positive results in any of the above tests except for the lie detection test may be used against you in a court proceeding and may constitute a violation of your probation. Positive results in a lie detection test may be used against you in a probation revocation proceeding and may constitute a violation of your probation. Where there is a cost involved for any of the above testing, you will be responsible for and obligated to pay the cost of such testing and you will not tamper with or attempt to alter any of the tests.
(Emphasis added to altered portions of the condition.)
BAILEY, J., and ROBB, J., concur.