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Will the judge order me to take a drug test at my first court appearance?

Houston, TX |
Filed under: Criminal defense

I was arrested 8 months ago for possession of less than 2 ounces of marijuana, it's my first offense of this kind. Will they order me to take a drug test that day? And if I fail will they hold that against me? Or will they schedule me to take a drug test when I see my PO?

Attorney Answers 2


Many courts require a person out on bond to take regular urinalysis teste in order to enuse they are not taking any illegal substances. It is called a condition of their bond. A positive UA could, and most likwly will, case the bond to be found insufficient, the person to be arrested in court and required to post a new bond. It is the probation department that oversees the UA's. If the judge askes if you might test positive, be homest and tell him what might show up. Usually you get a "pass" in a first test if you are honest. However, if you show up to court under the influence, that ia a whole other story.

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You should be prepared to submit to a drug test at any court hearing. I would say they are less likely during a normal pretrial setting as opposed to a meeting with a P.O. but depending on the jurisiction and judge anything can happen. The safest bet is to stay clean at least as long as the case is ongoing.

White & Measells LLP
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737

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