You cannot be forced to submit to a drug test at a preliminary hearing. The purpose of a preliminary hearing is to require the prosecutor to prove to a judge that there is a valid case against you, which should be permitted to go forward as a felony. It is irrelevant whether you are currently using drugs or alcohol. You should discuss the underlying case with an attorney as soon as possible if you have not done so already.
The Preliminary hearing is a probable cause hearing and you will not be tested. You are presumed innocent and the state has the burden of proof for the case to go forward to the Grand Jury and trial in Circuit Court. Contact an experienced local attorney for advice about your case.
This information should not be construed as legal advice. It is strongly advised that the recipient consult with an attorney in person, who can discuss the case facts in detail. The recipient should not rely on the information contained herein without a full attorney review of all the facts in the individual case.
The question I have is why would you ask? If you are on bond, and one of your conditions are no use of alcohol or have the general condition of no new violations of law and the judge or the prosecutor has reasonable suspicion that you would be testing positive the judge could order you drug tested.
An example of this is if you are on pre-trial and the pre-trial officers writes that you have been testing positive with him/her, the judge could order that you be tested prior to preliminary hearing based on the allegations from pre-trial. So I cannot say there is a blanket rule that a person cannot be tested at preliminary hearing.
The information provided herein is intended solely for educational purposes and does not create an attorney-client relationship. Please contact a local attorney for assistance with your matter
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