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I have to go to court for a DUI...can the judge order me to take a drug test at the set court date? I also had a joint on me.

Savannah, GA |

Can they make me take a drug test at my court date?

Attorney Answers 4


Yes the judge can order you to give a urine specimen, and might given that the officer found drugs. What often occurs is that you are told to report to either pretrial services or probation that same day, where you will be asked to submit to a Urine Analysis (UA). Marijuana can stay in your system for weeks, and other controlled substances for many days.

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A lot of different factors will determine if the judge orders a drug screen. If you appear to be under the influence of drugs, the judge will likely order a test. On the other hand, if this is an arraignment docket and the DUI is for unlawful blood alcohol level, the odds are good there will be no drug test.

In my experience, I have noticed that when Chatham County judges order drug tests of defendants it usually is on status checks, probation revocations, or certain types of guilty pleas for drugs. Furthermore, certain Judges are more likely than others to order drug tests.

If you have a lawyer, you should ask him. If you are not represented by an attorney, I would suggest you get one. DUI's are tricky and have serious penalties.

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Yes! You are on bond. Fooling around while on bond is like fooling around on probation. Never a good idea.

I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta, Statesboro and Savannah, Georgia. You may review more information about my practice by going to: The information I am providing you should only be considered for your general knowledge and educational purposes. Consider it as a good first step in your knowledge acquisition, but not as legal advice. Indeed, any information I provide is based on the extremely limited facts you have provided and new facts could substantially alter any answer or reply. My opinion should be understood to apply only to the laws of the State of Georgia. You should always consult with a local attorney about your situation if you live outside of the State of Georgia.

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You can be ordered to submit to a drug screen at any Court appearance depending on the normal practices of that particular judge. Generally at an initial arraignment, the Judge will not require you to submit to a drug screen. However, if you are entering a guilty plea, and drugs were found in your possession during your arrest, it has been my experience that the Judge will order you to report to probation that same day where you will be required to submit to a drug screen.

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