Testing and Sanctions

Recent drug use is detectable by chemical testing (of urine, saliva, blood, or hair) for periods of hours, days, or weeks depending on the drug being tested [Page 769]for and the test being employed. While testing positive for a drug is not a punishable offense and officers generally do not have the right to demand that citizens submit to being tested, chemical tests are often used to monitor people on probation, parole, and pretrial release, for which abstinence from illicit drug use is a condition. Testing positive can result in a probationer or parolee being sent or returned to prison, while a positive test can also give a judge reason to detain a pretrial releasee if it is feared that, due to use, the releasee ...