Legal Question in Criminal Law in New Jersey

I am currently part of a drug-treatment/probationary program called Drug Court through my county in New Jersey. I was placed on this program after I was convicted of a felon, that was the result of drug abuse. The program consists of strict guidelines that must be followed. These include, mandatory drug treatment, mandatory NA/AA meetings weekly, and several Immuno-Assay urine screenings weekly. My question is the following: I was drug tested last week at my Outpatient Treatment provider and my urine creatinine levels came back as low. This usually points to an attempt to dilute or adulterate one's urine. I in no way attempted to dilute my urine whatsoever, and was oblivious to the fact that my urine levels had been low. The next day I went into the probation office and was given a drug screen, again a Urine Analysis, but was unable to urinate. I attempted to drink water to make myself go to the bathroom, and was unsuccessful so I drank more. When I was finally able to go to the bathroom, I went to the back and urinated. After urinating, the program supervisor informed me that he was sending my urine out to the lab and that if it came back as diluted I would be receiving a sanction (a 30 day County Jail sentence). I told him that I had been drinking water to get myself to go to the bathroom, and he told me that this was against the rules and procedures of the program. I told him I had nothing to hide and asked him to please test me using a hair test, as this method can detect drug use up to 90 days back. He told me he was not interested in this, and that actions bear consequences. My question is, is this legal? Isn't it my right to be retested and to have them test me using another method? Will a lawyer be able to help me in this case? Any help would be greatly appreciated! Thanks again!


Asked on 5/17/10, 9:10 pm

1 Answer from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Drug court sets the rules and you must follow them. You could have went somewhere to get your own test.

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Answered on 5/23/10, 6:47 am


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