Legal Question in Criminal Law in Arizona

Juvenile drug test-

My son, 16, was ''routinely'' pulled over by police for a supposed bad license plate light being out. Then, cop stated he ''thinks'' he smelled pot in the car. He asked if anything was in the car, was told no, and arrested all 3 boys...my son for DUI. He was forced to take a urine test that supposedly came up pos for amphetamines and we are now beginning court procedures. No drugs, etc. were found in vehicle or on any person. Also, we (parents) were not notified of the drug test, or when we picked him up, that anything further (or any charges)were pending. 2 weeks later, I received a letter form the DMV that the case was dismissed and his license was reinstated (didn't even know it was supspended).I got a letter from the court that we missed the appearance (wasn't informed of court, either) which is how I found out he was being charged. Sounds like a ''small town trap'' to me. Can a minor be forced to a drug test without parental or legal consent? This drug test is the only ''evidence'' cops have...and as far as I can determine thru research, these tests only show presence of metabolites in body within 24-72 hours. How can it prove someone on drugs at time of DUI?

Thank you.


Asked on 10/30/02, 11:40 am

1 Answer from Attorneys
Jason Lamm Jason D. Lamm Attorney at Law

Re: Juvenile drug test-

Your questions are more geared toward DUI. The urine test is an issue of adminstrative per se consent - this applies to everyone who drives regardless of adult or juvenile. The presence of amphetimenes is problematics as under ARS 28-1381 A3, upon conviction substantial jail time must be imposed and a one year drivers license is mandatory. I to a subtantial amount of DUI work involving drugs, both illegal and legal. If you need more assistance, feel free to contact me. Best of luck.

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Answered on 10/31/02, 11:50 am


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