Can the court drug test you without warning in Arizona? If you’re on probation or parole, you must stay clean and sober to stay in compliance with your release terms. What surprises most people is that a family law judge overseeing a divorce or child custody case could also court-order testing. The Arizona courts can, indeed, order a random drug test within the criminal justice system and family law cases, especially when the welfare of a child is involved.
Changes Healing Center, a JCAHO-accredited recovery center in Phoenix, has seen countless times how drug and alcohol use can tear apart families. We help clients stop using drugs and alcohol, which eases their worries about drug test results. Our holistic approach considers not only sobriety but overall well-being.
We encourage you to continue reading this post for information on the court system and drug tests. Whether you’re a parolee risking a return to prison or a parent involved in a child custody case, you’ll learn the circumstances that may trigger drug testing.
There are several scenarios where a judge in the Grand Canyon State can order a drug test on someone appearing in the courtroom. Tests can be random, and of almost any frequency. Let’s learn about the three situations where the legal system can mandate court-ordered drug tests.
A parole or probation officer, who works closely with the courts, can subject an offender to drug tests at random and without any particular cause. The offender’s release terms always include a specific list of mandates. Non-compliance with the terms, including failing a drug test, will usually mean a new warrant, revocation of the terms, and a return to prison or jail. In some cases, the person may have also committed a crime while using drugs or alcohol during this time frame. That could mean no bond, new charges, and another trial.
Robert A. Brown was on intensive probation supervision for a drug charge. He received probation but was required to comply with random drug tests. Brown tested positive for methamphetamine, and the probation officer provided the judge with sufficient evidence to revoke his probation terms. The judge found the drug tests accurate at a hearing and ordered Brown to a sentence of 2 1/2 years in prison.
When an Arizona law enforcement officer has caught someone driving impaired, and received a positive test result, the case moves into the court system for resolution. A judge can use the state’s implied consent laws, which suggest that by operating a vehicle, you’ve agreed to avoid substance use, to mandate additional testing.
Francisco Encinas Valenzuela was arrested on suspicion of DUI and required to take a test to detect drugs. Because of his positive test sample, he was charged and found guilty of aggravated DUI. He argued to suppress the results, arguing in front of the Arizona Supreme Court that the warrantless testing violated his Fourth Amendment rights against unlawful search and seizure. The trial judge denied the motion, and the Arizona courts confirmed the conviction. Valenzuela will be eligible for release in 2034.
Family legal matters can also cause a judge to test for illicit drug use. Under Arizona law, divorce cases can be on no-fault or fault-based grounds (such as irreconcilable differences). Fault-based cases cover adultery, abuse, or abandonment. Judges are more likely to intervene in child custody cases, where taking a sample can determine parental fitness and ensure a child’s well-being. In many cases, all that’s required is for the accusing parent to show up for the court date and make a formal request that the judge order the other party to have a drug test.
Arizona mom, ‘Jane Johnson,’ suspected the father, ‘John Johnson,’ was using drugs. They requested that the court conduct random drug tests. The judge granted the request and mandated John undergo a hair follicle test. It revealed John’s cocaine use within the past 90 days. Because the test result confirmed the presence of drugs, the judge issued a temporary order of supervised visitation until John could prove himself substance-free with a negative test.
The Arizona courts can administer several testing types to detect drugs.
AZ courts often use urine tests. A urine sample is non-invasive to collect, and results are accurate with few false positive results. The urine test can identify whether someone has used drugs within the past 1 to 3 days, making them convenient for probation, parole, and drug court testing. The main drawback is the shorter detection window compared to other tests. Another potential weak point is urine tampering by the person taking the test.
A hair test is commonly used in family law, especially in determining custody of a child. That’s because they can detect drugs for up to 90 days, which can reveal a longer-term pattern of drug use. These tests can use any body hair and are nearly impossible to tamper with. However, the main drawback of a hair test is that the detection window opens 2 weeks after the last consumption. The 2-week to 3-month detention window creates a time gap immediately after drug use.
The courts can order a nail test, clipping finger or toenails to analyze. This test can detect results in a window of 3 to 6 months. Like the hair test, the nail test leaves a large amount of time between last drug use and testing.
Arizona primarily uses blood tests in adjudicating DWI cases. Blood tests can detect drugs present a few hours after use and for up to a few days. They are very accurate in providing drug courts with a snapshot of one’s current drug use. They’re uncomfortable and invasive, making them less convenient than other drug tests.
Here are some answers to the questions people in Arizona often ask about drug tests:
This one is a tricky issue. Arizona has legalized weed for people over 21, but it remains illegal under federal law. That often means that state courts will not hold marijuana use against you, unless you’ve been involved in driving while using it. However, a federal court date could mean charges under the United States Controlled Substance Act.
If you receive a false positive but are 100% confident you haven’t used drugs, you can request a verification test. The court may allow you to collect a sample using a different drug test method. You should hire an attorney for help requesting all your court records and checking them for potential errors.
Yes. However, you may not have heard of a false negative, as most people will not appeal or argue with the courts about false negatives.
Arizona relies on partnerships with licensed, certified facilities to conduct some court-ordered drug tests. They follow stick rules to ensure precise, reliable results. Accuracy is key, as a mistake could mean a revoked bond or unfair time in jail.
In Maricopa County, especially domestic abuse or child-related matters, judges will order testing through TASC (Treatment Assessment Screening Center). The Maricopa County Attorney’s Office runs TASC.
Nobody wants to spend time in a courthouse. But if you are subject to drug tests due to a family or legal case, it’s important to know your rights before you go. With drug tests, courts have much latitude in getting answers about an individual’s drug use. The judge might not order a drug test or require a body hair test that shows results for months.
Have you been court-ordered to seek professional addiction treatment to avoid a jail sentence? Are you out of jail on bond with a pending case and want to show the judge you’re ready to commit to sobriety? Has your child custody fight turned ugly because of drug or excessive alcohol use?
In each of those three scenarios, Changes Healing Center in Phoenix can help. You’ve done a deep soul search, and you know you can avoid that sentence or win back the right to see your child.
Connect with Changes today to learn how we can support you as you recover from substance abuse.