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Do they drug test in court?

Houston, TX |

My friend will be going to court on Wednesday. This is his second court date. He said the public defender said he was getting a second court date so he can try to get his sentence lessened. He originally was getting 9 months probation. He was charged with possession of marijuana. It was a misdemeanor. Is it likely he will be drug tested on this day?

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Attorney answers 3


It's not likely on a misdemeanor but is always possible.

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It is definitely possible that he may get drug tested. He needs to inform his attorney in advance if he is likely to test positive.
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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website,


Many judges will ask a defendant, when taking a plea for deferred adjudication or probation, of possibility of testing dirty if they get tested on that day. This is seemingly to establish a starting point to measure any violation of the terms of probation that certainly include no drug use. It is always possible that the court will order a drug test. The best thing that your friend can do is consult his defense attorney about the consequences of testing positive for drugs or the possibility of even being tested on that day. Every judge is different and I am sure that the defense attorney will be familiar with the proclivities of the particular judge.

Legal disclaimer: My answers are only intended as general legal advice based on my experience. They are not intended to be a binding legal opinion nor to create an attorney-client relationship.