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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89363
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I agreed to have my 16 year old son provide a urine sample

Resolved Question:

I agreed to have my 16 year old son provide a urine sample to law enforcement to be tested for illegal drugs. What are the possible outcomes of my decision? Can I reverse my decision and request that the sample be returned to me? In short, can he be charged with a crime if the sample indicates he has used illegal drugs in the past?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  xavierjd replied 2 years ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you.

Why did law enforcement want a urine sample from your son? eg. is he on probation?

What was the reason that law enforcement gave you as to why they wanted a sample from your son?

Thanks
Customer: replied 2 years ago.

First I live in Drayton ND which is a small town of 700 people in NE North Dakota. My son was over at an 18 year old friends house playing video games. The 18 year old is a smoker so at 2:00 AM they drove up to the bar in town and parked behind the bar. The 18 year old called the bar and talked to the barmaid that he knows and asked her to bring him a pack of cigarettes to the back door. The barmaid came to the back door and said she couldn't sell him cigarettes even if she brought them outside because he wasn't of age. Neither him or my son entered the bar. The cop in town drove behind the bar and seen the two of them and pulled up. He told my son he was out after curfew (which he was) and started talking to them. He said he could smell a faint odor of alcohol and told them to get into the squad car. He drove them to the city office and told them he wanted them to take a breathalyzer test and both refused because they said they weren't drinking and didn't trust the cop. (I don't either, he is a 22 year old from Cleveland Ohio)

 

At 3:30 the cop had my son call me and tell me I had to come pick him up because the cop smelled alcohol on him. I drove up to the city hall in about 5 minutes and walked inside and had my son breath right in my face. I smelled absolutely no odor of alcohol. I told the cop that and he said he was charging him with a curfew violation and minor in consumption. They had no alcohol in the vehicle, my son swears they hadn't been drinking, and I didn't smell alcohol. I argued with the cop and he told me I could have my son tested if I chose for drugs. We have had some trouble with my son lately so I thought it was a good idea at the time. A urine sample was taken and it came back negative for meth, cocaine, and some other drug, but it was questionable for THC. I was under the impression the test was for me however he sealed the container and wrote his name on the address label and said he was sending it in to see if it came back positive for THC.

 

I'm having second thoughts on what he can use this information for. My son admitted to me he smoked marijuana with a friend about 5 - 6 weeks ago. What are my options? What are the cops options should the test come back positive? Thank you for any help you can give me, this is tearing me apart.

 

Lee

Customer: replied 2 years ago.
Will you be answering my question soon? If not I will withdraw the question and seek help elsewhere.
Expert:  xavierjd replied 2 years ago.
I'm sorry for the delay. I was almost done answering your question when it "disappeared" off of my screen. I will re-answer your question and be back with you in a few minutes. Thanks for your patience
Customer: replied 2 years ago.
Ok, thanks!
Expert:  xavierjd replied 2 years ago.
I apologize again. I was "locked out" of answering the question for some reason. I would like to continue to assist you, but I will understand if you want me to opt out. I can now answer your question. Just let me know how you want me to proceed. Thanks
Customer: replied 2 years ago.
Yes, send the message just like this because for some reason the when I get an email I can't open the link on the email. What is the answer to my questions, do I have anything to worry about with this or not?
Expert:  Law Educator, Esq. replied 2 years ago.
Unfortunately, once you granted permission and the sample was taken you cannot revoke that consent once they took the sample and sealed it to be sent off. If your son is telling the truth and he has not smoked in 5-6 weeks, then the chances are better than anything that the test will not come back positive because THC stays in the system generally no longer than 72 hours for sufficient level to show up on one of these tests.


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Customer: replied 2 years ago.
So what can the results of the test be used for? They did a test strip test last night and that was inconclusive which means low levels of THC were detected. The cop told me that by sending the sample in a clear "yes or no" will result. Say the result shows levels of THC, what can they do to him? He had nothing on him. I am satisfied with the results of your first answer, I'm just looking for clarification on what to expect once the results come back.
Expert:  Law Educator, Esq. replied 2 years ago.
They cannot really do anything to him because he was not found in possession of any marijuana and the law is minor consumption of alcohol with zero tolerance. The only thing they could possibly do is use the results to argue his charges should not be dismissed and that is highly unlikely that the DA will make that big of an issue about a case like this with the facts you described above.
Customer: replied 2 years ago.
Thank you very much, I should be able to sleep much easier tonight than last night because of your answer! I'm not sure how he can charge him with consumption of alcohol by a minor when no tests were done for alcohol? If he just say he smells alcohol would that be good enough to charge my son with that? I'm a recovering alcoholic myself so I would have no tolerance for my 16 year old son drinking however when I smelled his breath I honestly didn't smell alcohol. I'm going to "accept answer" so you get paid for this and I will certainly provide you with great feedback but could you answer this part of the question also? How can he be charged when no tests for alcohol were done and the cop was only relying on his sense of smell to determine there was alcohol on his breath? Thanks again so much for your help!!
Expert:  Law Educator, Esq. replied 2 years ago.
He will have to prove the alcohol consumption and part of his defense for this is that if the officer had time to test for drugs then why did he not also check for alcohol (even though the law does not require testing the officer opened that door with the other test) and that he did not do so because he knew your son was not drinking and it would have come back negative. You really should get your son an attorney to defend him because it is likely the attorney will be able to get everything dismissed.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89363
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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