Can I be forced to take a drug test by the police? 45 Answers as of May 31, 2013

With permission from my father, I stayed out until 4am black Friday shopping with my boyfriend. This morning a cop showed up to my house saying that they had received an anonymous call that I was drunk and high the night before. When my father asked to trace back the phone number it had come from my house phone. My father swears that he didn't do it and I am now assuming that it was a prank off of an iPhone with an application which allows you to make calls using another persons number. A few hours later the cop called saying that I needed to take a drug test in a public place on Monday. What are my rights? Can they drug test me with out a warrant or even a reliable source? I am 16 years old.

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Reza Athari & Associates, PLLC | Seth L. Reszko
If you were properly placed under arrest, the police can request that you undergo a drug test. You can refuse the test, but your refusal will also be used against you.
Answer Applies to: Nevada
Replied: 12/14/2011
Law office of Robert D. Scott | Robert Scott
Juvenile offenders are treated differently from adults. However, police have a certain amount of time after the alleged offense to administer drug and/or alcohol tests.
Answer Applies to: Maryland
Replied: 12/6/2011
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
Are you on probation? There is no basis for a cop to come test you for anything. But, your dad has EVERY right to test you when he wants and to punish you. If you don't drink or do drugs, you won't have a worry.
Answer Applies to: Texas
Replied: 12/5/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You should not take any test or even talk to the police. Demand that the questioning stop and demand that an attorney be appointed or retain one if you have the money. They have no evidence to arrest you, force you to take a blood test, or even take you to the police station for questioning. They rely on the fact that most people are stupid and easily manipulated to submit to anything the police ask of them. They confess, turn in their co-defendants, and give the police the evidence they need to arrest them.
Answer Applies to: New York
Replied: 12/5/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
No, they cannot force you to take a drug test.
Answer Applies to: Kansas
Replied: 12/1/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    No you do not have to take a drug test without a judge ordering you to do so. You need an attorney.
    Answer Applies to: Michigan
    Replied: 12/1/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    No they cannot force you to take a drug test. REFUSE THE TEST.
    Answer Applies to: Texas
    Replied: 12/1/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    No .
    Answer Applies to: California
    Replied: 5/31/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Any demand by police or other government officials for samples of bodily fluid, or breath, would constitute a search. As a result, the fifth amendment right to be free from unreasonable compelled searches applies. Under the law, a search requires a warrant or it must fall within one of the accepted exceptions to a warrant. With respect to your situation, an officer may request a breath sample if they believe that an underage person has consumed alcohol. If the student provides a sample, they have consented and it is not a search compelled by the officer without a warrant.
    Answer Applies to: Minnesota
    Replied: 11/30/2011
    Law Offices of Mitch Furman | Mitch Furman
    Generally, you cannot be forced by the police to take a drug test.
    Answer Applies to: Illinois
    Replied: 11/30/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    They cannot force you to give evidence against yourself. Just tell the cop you know your rights. Ask if your under arrest? If he say yes, tell him you want a lawyer. If she says no, then tell her "then I free to go?" And leave. You have a thing older then the cop called a 4th amendment right to be free from unlawful search. Assuming you're not on probation or parole.
    Answer Applies to: Nebraska
    Replied: 11/30/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    I do not see how they can compel you to take a drug test long after the date in question. You need to hire an attorney to deal with the problem.
    Answer Applies to: New Jersey
    Replied: 11/30/2011
    Caruso & Diaz L.L.C.
    Caruso & Diaz L.L.C. | Natalia Diaz
    No. They can not test you. You can refuse.
    Answer Applies to: New Jersey
    Replied: 11/30/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    You do not have to agree to the drug test. If the police insist, they will have to obtain a search warrant.
    Answer Applies to: Michigan
    Replied: 11/30/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    No, you don't have to take a drug test. Tell the cop that you respectfully decline.
    Answer Applies to: Georgia
    Replied: 11/30/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    It is my understanding that you cannot be compelled to take a drug test under the circumstances you describe, unless there is a warrant, you are on probation or parole, or some other circumstance which you have not revealed here. You should immediately hire an attorney to review the details to determine he appropriateness of any refusal to cooperate with the requested drug test. Do not rely on this e-mail, as I am sure that I know very little about your situation.
    Answer Applies to: Michigan
    Replied: 11/30/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    Minors do not have the same rights as adults, in fact they have fewer rights than adults do. If your parents authorized the test then there is no question that they can force you to test. If law enforcement has probably cause to believe that you were under the influence then they could force a drug test. I do not know if they have additional evidence or how reliable the 'informant' is so I cannot say for sure if they violated your rights. You can read more about reduced rights of minors here. Minors have less rights.
    Answer Applies to: California
    Replied: 11/30/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    I would wait for them to get a warrant. I would contact an attorney and have them call the specific city to see what is going on. This sounds very suspicious. Wait for the warrant and get an attorney.
    Answer Applies to: Utah
    Replied: 11/30/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    This sounds wrong. The police can force you to take a drug test close to the time the crime occurred as long as the possible drugs in your system relate to the charge. I cannot see the police waiting until Monday to do a drug test.
    Answer Applies to: California
    Replied: 11/30/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    No, the police cannot force you to take a drug test against your will.
    Answer Applies to: Massachusetts
    Replied: 11/30/2011
    Law Office of James S. Lochead
    Law Office of James S. Lochead | James S. Lochead
    No, tell them to get a warrant. They can not impinge your right to be free from unreasonable search and seizure based upon an anonymous telephone call with no corroborating evidence.
    Answer Applies to: California
    Replied: 11/30/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    To make a drug test or BAL test there has to be probable cause to feel that the person being tested is illegally under the influence. There is an argument that an anonymous tip is not enough to make the test. Being sixteen your father is allowed to give consent for the tests. If you were charged then you need an attorney to address the legality of the test.
    Answer Applies to: California
    Replied: 11/30/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    No, the police cannot drug test you without a warrant or without charging you. Don't make any statements to the police without a layer present.
    Answer Applies to: Maryland
    Replied: 11/30/2011
    Miel & Carr, PLC
    Miel & Carr, PLC | Keeley D Heath
    Absolutely not. They cannot force you to take a drug test without a warrant. No warrant, no test. You should politely, but firmly refuse. If they continue to pressure you or tell you that you must consent, request an attorney. Do not talk to the police any further. Simply continue to state to them that you do not wish to speak to them without an attorney present.
    Answer Applies to: Michigan
    Replied: 11/30/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Do not submit to the drug test. You have no obligation to provide the police with incriminating evidence. When the officer contacts you, tell him that you were advised by an an attorney to not make any further statements to police and to not cooperate with drug testing.
    Answer Applies to: Minnesota
    Replied: 11/30/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Refuse the drug test and demand that your lawyer be present at all future interviews. Do NOT cooperate. Blow them off. I think that this will just go away if you stay cool.
    Answer Applies to: New York
    Replied: 11/30/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    The officer cannot require you to take a test, particularly days later. There is no way to establish whether you had taken an illegal substance that day or afterwards, and even if you did, it is not illegal to test positive for drugs. It is illegal to possess drugs. Tell the cop to try to get a warrant.
    Answer Applies to: Minnesota
    Replied: 11/30/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Seek out an experienced criminal attorney. Do not agree to anything without first consulting with an attorney. You can and should refuse any and all requests for drug tests. One, the allege time you were drunk or high has already passed and no test now would be able to confirm if you were drunk or high at the time. Second, a tip must have some reliability before it could be used to obtain a warrant to force you to submit to a test. It may give the police the authority to follow up on the tip, but that's about it, unless their investigation leads to more probable cause.
    Answer Applies to: Michigan
    Replied: 11/30/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    You do not have to submit to the drug test.
    Answer Applies to: New Jersey
    Replied: 11/30/2011
    bark & karpf
    bark & karpf | peter bark
    It sounds like something that your father is in on to have you tested. The only time you can be forced to take a drug test is by a court order. You do not have to go.
    Answer Applies to: New York
    Replied: 11/30/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You do not have to take a drug test.
    Answer Applies to: California
    Replied: 11/30/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You should absolutely refuse to take any test, and not talk to anyone other than a lawyer. If you were required to take a test, do you think you would still be sitting here asking this question? No the cops would have dragged you to the police station already. The reason they are asking you to go take a test is, that is the only way to trick you into taking the test. You have the right not to speak to them or to take any test!
    Answer Applies to: California
    Replied: 11/30/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    You don't have to take that test. Do not take the test. No test = no proof.
    Answer Applies to: Georgia
    Replied: 11/30/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    No.
    Answer Applies to: Michigan
    Replied: 5/31/2013
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Absolutely not, do NOT take a drug test. They can't force you to do anything. Hire a lawyer. This is absolutely ridiculous. Your lawyer will have a field day explaining the law to the police.
    Answer Applies to: Texas
    Replied: 11/30/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Your e-mail makes little sense to me. It still sounds like a prank. What value would a drug test me 4 days after the fact?? If it turned out that there were drugs in your system, could they have been injested between Thursday and the Monday test? If so, what relevance would that have to an incident that supposedly happened on black Friday?? The answer is none. Unless there are more facts than what you are telling me, it seems like there is no reason for you to submit to any kind of testing. I always advise my clients to NEVER submit to any testing (except if it is requested in relation to a DUI arrest). You need to hire a local attorney and review the facts with him/her. That person can better advise you.
    Answer Applies to: Washington
    Replied: 11/30/2011
    Anderson Walsh PLLC
    Anderson Walsh PLLC | STACI LYNN ANDERSON
    Without a warrant, you cannot be compelled to take the drug test. You may respectfully deny the officer's request to take the test.
    Answer Applies to: Idaho
    Replied: 9/20/2012
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    I would not advise my clients to comply with a drug test or interrogation based on something as groundless as this. You have the right to refuse any of that if they don't have a warrant. If they tell you that you have to do it, get a lawyer.
    Answer Applies to: Alabama
    Replied: 11/30/2011
    Law Office of William S. Smith
    Law Office of William S. Smith | William S. Smith
    Absent a judicial order or a warrant from a judicial official, I am aware of utterly no other legal basis upon which the police could lawfully compel you to take a drug test- whether in a "public place" or elsewhere. You should retain an experienced criminal defense attorney immediately. If and when contacted by the police, you (and your parents) should explain that you are absolutely exercising your right to remain silent and your right against self incrimination, as well as your right to counsel.
    Answer Applies to: Massachusetts
    Replied: 11/30/2011
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    Tell the police officer to go jump in the lake. You have no obligation to take any test whatsoever.
    Answer Applies to: Illinois
    Replied: 11/30/2011
    Ascheman & Smith | Landon Ascheman
    I don't have all the details I need to give you an accurate answer. However, I suspect that they do *not* have the authority to force you to take a drug test without your permission. I would strongly suggest that you, or your father call a criminal defense attorney and have them talk to the police on your behalf.
    Answer Applies to: Minnesota
    Replied: 11/30/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Not if you weren't driving or unless he has a warrant. If you were driving and the cop has probable cause to believe you were intoxicated, he might be allowed to do a blood test but only with a warrant. It is conceivable that your parents were concerned and called the cops. Obviously if you were out at 4 a.m. drinking and or doing drugs that should be the last time. I'll tell you what I tell my daughters of 18 and 21. The world is full of creepers who prey on women. If you are drunk or high, those creepers have a huge advantage over you. Some creepers have done prison time for child molestation and other sex-related offenses. Some of that subset of creepers will kill their victims to avoid going back to prison. It is easy at 16 to think you are indestructible. That's because your brain is still growing and because you lack adult experience. Grow up first and keep yourself safe beginning today. Make better choices because that voice that's telling you nothing will happen to you is lying.
    Answer Applies to: Washington
    Replied: 11/30/2011
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