Can a probation officer require you to take random drug tests if random testing is not part of the Terms and Conditions set by the court?

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Can a probation officer require you to take random drug tests if random testing is not part of the Terms and Conditions set by the court?

Asked on November 21, 2012 under Criminal Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If random testing is part of any general requirements as mandated by your probation officer and in the general language components of your probation terms and conditions and you were previously convicted of charges which included drug offenses, then yes, you can be randomly tested. However, you do have a right to challenge the probation officer and it would be advisable to consult with the attorney who represented you to indicate whether this is an issue you should pursue.


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