Do you have to submit to taking random drug test if you do not have drug charges?
3 attorney answers
I agree with each Attorney, people on probation have reduced rights and may be subjected to drug screenings by Probation Officers. An order of probation orders you to abstain from drug and alcohol use, so don't bother fighting it unless you wish to have a VOP on your plate as well.
This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.
Anyone on probation in FL is subject to U/A.
Unless the court specifically orders it as a condition of probation (i.e. weekly, monthly, etc) then the PO is free to exercise discretion as to whether to require U/A and if so then when.
While you are on probation you should assume that you can and will be U/A'd at any time and you should comport your behavior accordingly.
Being on probation is an alternative to incarceration. It is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your probationary period. It may help to think of your time on probation as walking on a tightrope. Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison.
Neither prosecutors nor Judges look favorably on people who squander the opportunity that they've been given to serve a community based sanction instead of being in custody by willfully and substantially violating the terms of their probationary sentence, and this will include failing a U/A.
In order to increase your odds at success you might consider taking a look at my AVVO Legal Guide on surviving probation / CC in Florida as it contains a great deal of information on the subject and may prove to be helpful to you. For your convenience a link follows:
Michael A. Haber, Esq.'s AVVO Legal Guide on Probation in Florida: What it is and how to survive it?
Wishing you good judgment and hoping that I have been helpful in answering your question.
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Unfortunately, section 948.03(1)(l) requires all probationers to submit to "random testing as directed by the probation officer ... to determine the presence or use of alcohol or controlled substances." But more specifically, no, it is not worth making a big deal.