When can the police demand a drug test?

On Behalf of | Nov 21, 2022 | Drug Charges |

Although the roadside breath test has become a generally accepted practice, few people realize that Indiana police have the authority to mandate drug tests in some instances. Not only can police mandate blood tests, but they can also perform roadside saliva tests for drug exposure with results in minutes.

Roadside tests are typically limited to methamphetamines, cocaine, benzodiazepines, opiates, amphetamines and cannabis. There are strict guidelines for police to demand these drug tests.

Blood test requirements

Officers can legally demand a blood test for drug use, including lab results for concentration, in the aftermath of an accident that results in serious injuries. It is important to confirm or rule out impaired driving in these instances.

Blood tests require a warrant in any other circumstance. Law enforcement often sees this as a hindrance because of the delay involved in obtaining court approval for that warrant. The time that elapses can result in different results if drug concentration dissipates.

Rapid test requirements

Police officers must establish probable cause both for the traffic stop as well as their reasonable suspicion of drug use. These standards are similar to those for a breath test. Probable cause includes admission of substance use, visible signs of influence or paraphernalia present in plain sight.

Understanding the legal requirements for demanding a drug test empowers you to protect your rights. Remember your right of refusal, understand probable cause and avoid a drug test with no legal foundation. Knowing your rights can help you get drug charges dismissed as well.

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