Can I be Drug Tested in Court?
Can I be drug tested in court? Being a Texas criminal defense lawyer, this is a question I get often.
My name is Eric Benavides and I’m a Texas criminal defense lawyer. I want to talk to you today about the possibilities of being drug tested in court.
My clients asked me all the time could I potentially be drug tested when I go to court and the answer is yes you could. Now the chances are higher if you’re on
pretrial conditions or if you’re out on a PR bond and somebody’s checking in on you while your case is pending.
It is seldom that drug tested are random, but it could happen. Typically drug tests are ordered for individuals who are being supervised pre-trial, or by individuals who draw attention to themselves usually by either skipping court or showing up late.
You can also be sent for a drug test if you show up late to court or if you do something that causes the judge to become upset with you, these are bond conditions that the judge can check on. Now the courts understand that you could test positive for certain drugs for up to 30 days, such as marijuana, but they will give you time to clean up but if you test positive after that amount of time you run the risk of losing your bond.
So the answer is yes you could potentially be drug, so after being arrested you should stop using drugs because using drugs could land you in jail.
Eric Benavides is a Houston Criminal Defense Attorney. He is the founder of Benavides Law Group. He is a graduate of the prestigious Texas Criminal Defense Lawyers Trial College and is a proven trial lawyer. He has been named a Texas Super Lawyers Rising Star and has been recognized as one of the best criminal lawyers in Houston by Houstonia and H-Texas magazines.
Thanks for your information. Can you tell me what they actually do when you have to take a drug test in court? Such as do they strip search you ( I’m asking bc I have been molested for 9 yrs of my childhood and that is why I’m on mental disability) anyways do they watch you ect not to worried about that just the fact do they make me take all my clothes off. The medication was proven to be my sisters that was found in my moms purse but it was a single colazepam that was left in the bottom of the purse due to my mom not cleaning it out so I allowed my purse to be searched and didn’t have any idea it was in there! Any info will be greatly appreciated thanks!!!
Idk gang sounds like cokehead activities
No you’re not being processed into jail. So I seriously… seriously doubt they strip search you, but I do think they will have someone watch you collect your sample. It will be dependent on your gender who they appoint to watch you. Be it male or female.
I have a court case that doesn’t involve drugs at all but under my pretrial conditions is to do regular drug tests. Does my lawyer have grounds to ask the judge to sign off on me to not do drug tests? (I smoke delta 8 daily, but stopped once I learned I have to do drug tests) I asked him and he said he can’t- even though my pretrial service officer said I could? I’m thinking maybe I just have a sh*t lawyer…
Your lawyer can and should ask. But the judge doesn’t have to say yes. At the end of the day it’s 100% up to the judge, but there is no harm in asking. Worst that can happen is they say no. Good luck.
Can they take you to jail for failing it
They drug tested me today and I refused it, because I wasn’t late and wasn’t high, it’s not a drug charge, I’m not on probation or bond stipulations they just don’t like me so they singled me out, when I refused it they arrested me for insufficient bond! Then doubled my bond! Seems illegal to me!
What constitutes a drug test or anything of such matter just because I’m on bond I have not been convicted or on probation supervision etc why do I have to comply w anything like that w out a guilty verdict
February 2022 was pulled over had drugs in my purse wasn’t arrested he didn’t hand me a ticket..He said that drugs will be sent to lab and I should hear something soon. I waited and waited to receive something in the mail or someone contact me by phone nothing. It’s been like 6 months so start calling them they have nothing. A 1/2yr later at the end of September 2023 i get something in mail from caseworker letting me no that I have a warrant and it was issued on September 11th 2023. I didn’t receive a court date. I turn myself with the knowledge of going to court. This is my first time dealing with a drug charge. No I get arrested and I was going to be there for the weekend. I was like I haven’t been to court yet. They come back and tell me that they weren’t going to keep me for the weekend but I had to go to probation, go to the jail get my figure prints, go macs take a drug test and court on that Monday. I said I hope all these places are within walking distance, officer says no it is not I’m like well I can’t make it today because I had a scheduled transportation drop me off. She says it has to be done before court on Monday. I’m like this isn’t right with such a short notice with all this stuff to do today and court on Monday. Like they been searching for me and it’s about time they caught me. I call as soon as I get home I didn’t get much response on that. I was issued a warrant for not showing up to court a friend of mine was pulled over tale light out and I was arrested spent 5 days. Released still haven’t been to court and I have to call every Monday Wednesday Friday if my number is called then I have to go drop. Sorry I just think this is all backwards.