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Will I be drug tested at my court date?

Birmingham, AL |

I had a warrant out for my arrest for distribution of a controlled substance. I turned myself in and have a court date coming up at the end of this month. I was curious if I would be drug tested at this hearing.

Attorney Answers 5


  1. It's quite possible that you may be requested to take a drug test at your court date. Understand that at this point having been arrested for a drug offense that you may be requested to provide a sample at any point through out the process and you need to pass these tests. I recommend hiring defense counsel as soon as practical to provide you with an adequate defense.


  2. Atty. Long provides sound advice. You should try to retain counsel prior to your next court date to represent your interests and advance any defenses that you might have. Good luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  3. Highly possible, and in light of the fact that you are facing a drug charge, I would say it is probable that you will be screened. However, it is up to the Court that holds the warrant whether or not you will be screened. If you 'fail' a drug screen, you are entitled to a 'show cause' hearing with counsel before the Court takes adverse action, such as incarceration. Your best course of action is to seek the professional services of a criminal defense lawyer to assist you.


  4. There is a real possibilty you will be screened and it is routine for many judges in Al to order it at any hearing where drugs are an issue. In any event you should be completely away from all illegal substances.


  5. I agree with the other counsel that you should (1) get a competent lawyer to represent you and (2) get clean so you can pass a drug test.

    That being said, you should be so lucky that you're that far along in the process that they're going to care about drug testing, which is usually a condition of drug court diversion, probation or interim probation, or parole.

    You don't say where you are in the process, but presumably, after turning yourself in, you were arraigned and charged, and pled not guilty. Any upcoming hearings are probably going to be whether you want to plead gulity, or go to trial on the charges, which are probably felonies with state prison sentences of at least a year to two or three, and longer ones if you had priors or were charged with distributing larger weights of drugs.

    You need to worry more about prison than drug tests at this point, and discuss this with an attorney. You are probably in deep doo doo and far from out of the woods at this point.

    Get probation, diversion, interim probation or drug court and perhaps your worry will be just being and staying clean and doing all the other things your PO wants (treatment, NA, employment, daily reporting, curfew, avoiding friends with criminal records, etc. etc.). And BTW, alcohol = drugs.

    So short answer, no I don't think you'll be drug tested at this next hearing. You should be so lucky. Hate to be the bearer of bad news, but you need a good criminal lawyer pronto. Good luck.

    (One exception to my answer here is if you're 16 or 17 and this is your first brush with the law...you may have one "get out of jail free" card to be punched under those circumstances).

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