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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27230
Experience:  10+ years defending Misdemeanor and Felony cases.
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My husband is a local truck driver and s employer had m do a

Customer Question

My husband is a local truck driver and his employer had him do a random drug screen outside his truck in a public parking lot. i was wondering if this is leagal. should he not be allowed to use the restroom? By the way he was not using drugs and passed the test. I just don't think it is proper to allow someone to urinate in a public area.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. I certainly understand the situation and your concern. The drug test should have been conducted, while allowing him some privacy. The person who was present and conducted the test, could have been present in the restroom but to ask that he submit to the test in a public area, outside of his truck, would not be proper. Your husband could have demanded some privacy and to give the sample in the restroom and if he was not allowed and then refused to give the sample, could have had a defense, if they said he refused. In a situation like this, it is nothing criminal ( unless of course a police officer saw and tried to charge him), but a complaint could be filed with his employer and even the State, for the manner in which this was conducted. Of course, it is better to handle this internal, to not get his company in trouble as a result of the actions of this person but he does have a right to ask that in the future he is given privacy.
Expert:  CrimDefense replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!