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  1. #1
    Join Date
    Oct 2012
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    1

    Default Do You Have to Get Drug Tested While on Probation

    My question involves criminal law for the state of: Minnesota.

    A friend of mine was recently involved in a hit and run accident, I was in the car with him. We're both 16 years old. He went to court and ended up being charged with careless driving. He was sentenced to 6 hours community service, attending a driving course, and 6 months probation. He's really worried that he will receive drug tests.

    I looked over the paperwork he got it stated that IF you were ordered to stay off of controlled substances, you are subject to random urinalysis tests. His offense wasn't drug related, so he was not ordered by the judge to stay off of controlled substances. However, he's a minor, so we're both unsure of it. I told him to ask about it online but he didn't want to. So, I'll do it for him. Is he subject to drug tests?

  2. #2
    Join Date
    Sep 2011
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    OH10
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    13,977

    Default Re: Is My Friend Subject to Drug Testing

    As a condition of his probation he may be randomly tested. A positive would be a violation of his probation.
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  3. #3
    Join Date
    Sep 2012
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    101

    Default Re: Is My Friend Subject to Drug Testing

    Unlikely, I don't see how being a minor can be an exception to the above requirement.

  4. #4
    Join Date
    Sep 2010
    Posts
    9,458

    Default Re: Is My Friend Subject to Drug Testing

    Staying off controlled substnaces and not committing other crimes is a standard requirement of probation. The judge doesn't need to ORDER that. A judge faced with a probationer who is already involved in drugs (or might be) can order more aggressive drug treatment, but the absence of that doesn't give you carte blanche to do drugs. Your friend needs to learn he has to obey the law regardless of whether or not he thinks he might be caught. If not he is going to be in a world of hurt as life goes on. While he may choose to make that risk later on, doing so on probation is completely irresponsible and fool hardy.

    If he is caught violating probation, he can end up in jail.

  5. #5
    Join Date
    Sep 2005
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    Default Re: Is My Friend Subject to Drug Testing

    If your probation officer believes you're using illegal drugs or alcohol, in the unlikely event that the probation officer cannot order drug testing based upon the existing orders, the probation officer can ask the court to modify the terms of probation to add a testing requirement. There are people on probation who are on call, 7 days a week, to show up and appear for a drug test within an hour. There are people who are tested two, three times per week.

    Here's an easy solution: Stop using illegal drugs. See? Problem solved.

  6. #6
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Is My Friend Subject to Drug Testing

    I have never heard of an order of probation that did not include a prohibition of drug usage and took testing off the table.

  7. #7
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    Default Re: Is My Friend Subject to Drug Testing

    The order may be silent on the issue of testing, but no, I've never seen one that would prevent testing. If the probation officer says, "I want you to take this test," and the person on probation responds, "You can't make me," the most favorable result I would anticipate for that person would be the modification of the order of probation to specifically require testing.

    There's no need to specifically prohibit illegal drug usage if the order prohibits criminal activity, and for minors there's no need to prohibit alcohol usage for the same reason - and I've never encountered a jurisdiction where a prohibition on involvement in criminal activity was not a standard term of probation.

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