A General Guide to Court-Ordered Drug Testing
Court orders for drug testing can be confusing. How to read one, and what to arrange.
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If a court has ordered you to undergo drug testing, the order itself is the place to start. It should tell you what is being tested, how, how often, and by when. This guide covers how to read it, how to prepare, and what to do if the result is not what you expected.
This is general information, not legal advice. Orders vary by jurisdiction and by case — check anything that matters with your lawyer.
Read the order carefully
Courts can order urine, hair, blood or saliva testing, and each covers a different period. Hair looks back over months; urine looks back over days. Our comparison of the methods sets out what each one can and cannot show.
From the order, establish four things:
- Which method is required, and whether an alternative is permitted
- Which substances are to be screened
- How often, and over what period
- By when the result must be provided to the court
If any of those is ambiguous, raise it with your lawyer before you book. A test that does not match the order can be worth very little.
Prepare properly
The obvious point first: abstain from illicit substances.
Beyond that, gather documentation for every prescription medication you take. A legitimate prescription is a complete answer to a great many results, but only if the medication is declared at collection and the paperwork exists. Prescribed medicinal cannabis is a common example of something that shows up and needs explaining in advance rather than afterwards.
Choose the right facility
Where you can choose, use a facility that collects under documented chain of custody and sends samples to a NATA-accredited laboratory. Those two things are what make a result defensible; without them, a result can be challenged on process alone regardless of what it says.
Check also that the panel covers the substances named in the order. Many providers screen five drug classes as standard and charge for the rest.
Know what to expect on the day
You are entitled to privacy during collection and to secure handling of your sample. Raise any concern with the provider at the time, not afterwards.
Arrive on time, bring photo ID, and follow the collector’s instructions. Anything that looks like reluctance or interference is recorded, and it will be read as significant whether or not it was meant that way.
Review the result
Read the report when it arrives rather than filing it. If something looks wrong — a substance you cannot account for, a detail that does not match your collection — raise it immediately. Delay makes every explanation harder.
If the result is positive
An unexpected positive is not the end of the matter. It can be addressed by explaining a prescription, by re-testing where the timing still permits it, or by challenging the result itself.
This is where an independent forensic toxicologist matters. A written report can explain what the concentration does and does not support, whether a medication accounts for it, and whether the analysis was sound. Dr Michael Robertson provides expert reports and gives evidence in Australian courts.
Comply with the order
Non-compliance carries consequences of its own, often more serious than the result would have been. If you cannot meet a deadline — the laboratory turnaround does not fit the hearing date, for instance — tell your lawyer early so the court can be asked rather than told.
For solicitors drafting an order
An order for hair testing works best when it specifies the sample type and length — 3 cm for approximately three months, 6 cm for six — the substance panel, whether segmental analysis is required, that collection must be under chain of custody by an independent collector, that analysis must be by a NATA-accredited laboratory, and the date by which the report is due.
We can confirm what we are able to provide against a proposed order before it is made. See what we provide to legal practitioners, or call (03) 9380 5434.
