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Subject: Drug testing in DUI cases - court process/procedures

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Junior Member
What is the name of your state?GA

First Arrest
First DUI

Last night I had the perfect post written but when I attempted to actually post it, the system asked me to log in again, and when I did the post was scared :(. So here is a short breakdown, if more information is required, just let me know and I can re-type all of what I originally attempted.

I was arrested at a gas station parking lot in my parked and turned off vehicle Jan 01, 2005 at approx 5:30am. I had been out with friends at the clubs and decided I was in no shape to make it home safely so pulled over to sleep it off. I've completed the DUI school and retained an atty who is fairly confident we can get it dismissed on a technicality of the type of DUI the officer wrote on the ticket.

The original araignment hearing was set for today, but my atty had an obligation arise and now the hearing is set two more weeks out. There is a slim chance we can convince the officer to reduce to wreckless driving, but most probably it will go to trial. I was really looking forward to being done with the araignment hearing this evening so at least I would -know- what was going to happen. Obviously if we get it reduced it will save me about $1,300 in atty fees - so that would be nice to know.

So here is my question/concern. Typically I don't drink, and when I do it's not much. I prefer MJ a couple times a week and on the weekends for my relaxation, buzz, what-have-you. I keep this in the privacy of my own home, and I do not drive anywhere once I've smoked. Well, I have ceased everything since Jan 01. I wanted to clear my head for this process, slow everything down, and just evaluate my life and how this DUI will affect me if I'm convicted - not to mention save money for the atty. Fear of some sort of drug test ordered by the court has also played a role.

I've never been in this sort of situation and really had no clue to any of the process at all until now. So, if by some chance the judge

ordered a test, I'd be clean as a whistle. I don't want to sound silly by asking this, but again - never been in this situation before - is it possible that the judge would order some sort of drug test? Is it possible they could offer or suggest that if I could pass or subject to any sort of program / drug test that it would benefit me in the matter?

I don't feel comfortable asking my atty about it. Frankly, knowing now that the araignment hearing has been bumped another two weeks out, and my atty has mentioned that if necessary he could postpone the criminal proceedings multiple times into the future, this thing could drag out for a long period of time. I just want to return to some sembalance of normalcy at my house. However, I don't want to mess up any sort of possible deal in the future, or mandated test, etc. This is my first arrest and DUI, so I couldn't be considered an habitual offender.

So what's the process here? Am I worrying over nothing? I know it's illegal and there are risks involved, but I'm willing to accept that in the privacy of my own home.


Were you given a blood test for the DUI? If so and they decided to test for it and it was still in your system, it might show up. If that is not the case, then I think you are worrying over nothing. The only time I see this coming up is if you are put on probation after the DUI conviction and for some reason they feel the need to order drug and/or alcohol testing (I'm not sure why they would for a DUI conviction unless it is standard for some reason). I'm not familiar with probation procedure so I don't know when or why they would order such testing. However, even if probation did order it, it wouldn't be until after you were on probation. If you really have a concern, consult with your attorney. That is what he is there for. Ask him up front in a hypothetical if that makes you feel more comfortable.
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Q: is it possible that the judge would order some sort of drug test?
A: Yes, if you are put on probation.

Q: Is it possible they could offer or suggest that if I could pass or subject to any sort of program / drug test that it would benefit me in the matter?
A: Yes

I don't feel comfortable asking my atty about it.
Then you need another attorney OR start telling him everything.

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation.

Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)


Other people may give you other advice; stand by.
My husband was in a similar situation, and when he finally went to trial, the judge automatically gave him 1 year of probation. During that time, there was a fee to the probation department, and he had to meet with his probation officer once a month. Probation can, and just might, order random testing - although they usually don't go to that trouble here, especially if it was just a DUI.

It's not really a big deal, especially if you don't get into any more trouble during your probation.


Junior Member
Thanks for the replies!

I appreciate the quick replies! I have decided to discuss it with my attorney - that is what he's here for, and that's why I'm paying him. When more of this is over, I'll post my results for what it may be worth to others.

Thanks again!

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