Can They Make me Submit to Marijuana Testing?

Yes and no. Roadside testing for marijuana DUI, such as field sobriety tests, are voluntary and there is no penalty for declining to perform them. However, the government can argue that one who refuses these tests must have a ‘guilty conscience.’ If the police inform you that you are under arrest for DUI, then you can still refuse to submit to urine, breath, or blood testing but there can be driver’s license penalties. Those can also be challenged. Finally, if the government gets a search warrant commanding the person to submit, then one cannot legally refuse testing. The Behan Law Group can explain this in greater detail during a consultation by calling 520-220-5047.