Perhaps no weapon is more widely used by the courts in the fight against drug abuse than the drug test. These tests can detect drugs in the body from a urine sample, scalp and body hair, nails, and sweat and can be used in various legal matters. They can also be ordered whenever the court deems it necessary.
So you may be wondering, “Will I get drug tested at my first court date?” You might be. An individual can be compelled to undergo first court date drug testing.
Widespread use of drug testing goes back more than 50 years. In the 1960s, the U.S. Department of Defense started to conduct drug tests to address marijuana and heroin abuse among military personnel in Vietnam.
In 1986, President Ronald Reagan spearheaded employee drug testing to keep American workplaces drug-free. The FBI began implementing drug testing as part of its investigations in the 1980s, and then it soon spread to courts across the states.
Today, courts have the authority to impose drug testing as well as substance abuse treatment in a range of cases, such as:
Florida’s criminal justice system has at its disposal a range of tests to confirm or rule out drug use. Some districts have their own drug test facilities. For example, the Supervised Release Program of the 12th Judicial District on the Gulf Coast has an in-house lab to test up to 10 drugs.
Which test is used depends on the drug, the amount consumed, and the frequency of use.
Drug tests have various detection windows.
While the most commonly used drug test is the urine test, the hair follicle test is also regularly used. Hair follicle testing dates back to the mid-19th century when it was first used to detect arsenic in hair.
Now, courts and law enforcement use it to test for cannabis, amphetamines/methamphetamine, cocaine, and opiates, including heroin and morphine, as well as phencyclidine (PCP).
There is no guarantee that you will be subjected to drug testing at your first court appearance. However, you might be ordered to do so in certain circumstances. For instance, if you were released on bond with the condition that you be tested, a random test could be scheduled any day, even during your first court date.
There are also several behaviors that may trigger a drug test. If you had a run-in with law enforcement before court, missed your date, arrived late at court, or exhibited erratic behavior in court suggesting impairment, you may raise the judge’s suspicion, prompting an immediate drug test.
It’s difficult to pin down when you will be required to submit your first drug test. They’re “random” for a reason. The element of surprise is vital to effectively monitor that an individual is drug-free.
If you’re starting probation, you may be tested during orientation and during meetings with the probation officer. The probation officer may also go to your home or place of employment to demand a test.
A defendant who participates in a pretrial supervised release program is also subject to random drug testing and other conditions, and it’s possible that the first initial random test is conducted during your first court appearance.
Florida became the first state in the nation to create a drug court, opening in Miami-Dade County in 1989. Today, Florida has 48 adult drug courts, 14 juvenile drug courts, 13 dependency drug courts, and four DUI courts. Random drug testing is a requirement of the treatment programs that these courts offer.
Broward County's Drug Court requires program participants to be tested at least twice a week, but it could be daily. The Brevard County Pretrial Intervention Drug Court Program tells program participants to expect random, on-demand drug tests. They must call daily to check if a test is required.
When “random” testing is required for a program, whether it’s probation or a pretrial drug program, it’s wise to be prepared for a test any day, including a court date.
In a custody case, if one of the parties presents sufficient evidence to the judge, the other party may receive little advance notice. The notification could come hours before a court appearance or during court, with a testing lab staff member brought in by the other party’s attorney to conduct the procedure immediately after the proceedings.
The use of drug tests in court proceedings has roots in state law. In probation cases, Florida Statute 948.20 provides that drug offender probation status is subject to random drug testing. Although the law does not specifically require testing in pretrial intervention programs, most require it as a condition of continuing participation in the program.
In the Sunshine State, courts have the authority to order a drug test, regardless of the nature of the case — criminal, family, or workplace. A court-ordered test can be refused, but there are consequences.
You may be held in contempt of court, which could lead to penalties and fines. If you refuse a test while in a pretrial program, you could be booted from the program and sent back to court.
If you get tested during your first court date, you should be focused on following the procedures and taking every possible step to ensure the drug test results are as accurate as possible. Here are five tips to get you started:
Finally, when you receive the test instructions, make sure to follow each step carefully to avoid repeating the test.
Drug testing is not perfect. With a urine test, obtaining a sample may be difficult because the individual is dehydrated or can’t empty their bladder. Also, a urine test does not reveal the lapse of time between the test date and when a drug was ingested, how long the drug was used, or the intoxication level of the individual.
There’s also the issue of false positives and false negatives. Some 5% to 10% of all drug tests produce false-positive results, and 10% to 15% produce false-negative results. Inaccurate results may stem from human error while handling the sample, problems with the testing equipment, or the individual tested may have triggered it.
A false positive occurs when the results show the presence of a drug when there is no drug in the individual’s system. This type of reading frequently occurs in initial drug screenings, which rely on the immunoassay method, which uses antibodies to detect drugs at the molecular level.
However, these antibodies are prone to cross-reactivity—i.e., they may pick up on chemicals similar to the drug. Some prescription and over-the-counter drugs and some foods are known to cause false positives.
A false negative, on the other hand, happens when a drug test fails to detect a drug that is in the system. This inaccurate reading may occur during an initial urine screening, a result of setting the cutoff level too high or someone intentionally contaminating the urine to modify a test’s detection ability.
When an incorrect reading is produced, you can challenge the results. An attorney can choose from several defense strategies to question the viability of the results, such as arguing there were problems in the chain of custody of the drug sample or how it was handled or questioning the reliability of the test itself.
If you dispute the results of your first drug test required in a pretrial release program, probation, drug court, or other program, you likely will be provided a second test. You may be given the option to submit a test to a different independent drug testing provider as well.
You also have the right to retain an attorney. Legal representation may be necessary in the event of inaccurate results.
Can I Be Tested for Drugs While on Probation if I Was Not Convicted of a Drug-Related Offense?
Yes. You’re subject to random drug and alcohol tests.
What Is an “Observed” Drug Test?
Finally, when you receive the test instructions, make sure to follow each step carefully to avoid repeating the test.
Who Pays for the Drug Test?
Generally, the cost must be covered by the party being tested. The fees run from $10 to $30.
What if I Take Prescription Medications?
They must be disclosed. In many cases, you may need to obtain a list of medications that you’re currently taking from the pharmacist.
How Long Does It Take for the Results?
The results should be ready within 48 hours, but often, they’re provided within a few hours.
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