Can I be drug tested by my P.O. for a misdemeanor charge with youthful training act, if my guidelines and conditions do not state that I need to be tested?
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Can I be drug tested by my P.O. for a misdemeanor charge with youthful training act, if my guidelines and conditions do not state that I need to be tested?
My charge has nothing to do with drugs either.
Asked on January 16, 2016 under Criminal Law, Michigan
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you have a condition in your probation conditions that prohibits you from using alcohol or drugs, then your P.O. can request a test to confirm the same even if your conditions don't specifically speak to a test.
If your terms are completely silent to use or testing, then you may be able to challenge the test. Hoever, if you challenge the conditions, then the judge is most likely inclined to amend the conditions to permit the testing.
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