Illinois Drug Testing Laws

Summary

The user is discussing a legal issue related to a drug possession charge in Illinois. The user was arrested during a traffic stop and later released on their own recognizance. They failed two court-ordered drug tests, which were conducted via saliva, not urinalysis as specified in Illinois Criminal Procedure 725 ILCS 5/110-6.5. The user is currently in Florida and has an outstanding warrant in Illinois for failure to appear in court. The user also mentioned losing $10,000 in bond money after failing to appear in court.

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According to illinois criminal procedure *. */*-*.* says the judge orders drug test by urinalysis. Is that correct
Yes, under Illinois Criminal Procedure * ILCS */*-*.*, a judge can order a drug test via urinalysis for individuals on pretrial release.
They can't do it by saliva
Are you asking if a judge in Illinois can order a saliva drug test instead of urinalysis?

- Illinois law doesn't specify the type of drug test, leaving it to the court's discretion.
* says urinalysis.
What is your specific question about the urinalysis requirement under Illinois Criminal Procedure * ILCS */*-*.*?
it says urinalysis does not say saliva or swab it says urinalysis
What is your current location? The rules may vary depending on the state. In Iowa, the type of drug test can be determined by the court.
I'm in Illinois court but live in Iowa.
What is the nature of your case in Illinois court?
possession of meth during a traffic stop with legal plates, insurance and license. I was in friends car and it was drizzling out January at 645pm I went to turn wipers on and turned headlights out and then right back on . Wrong side of steering column. The car was legal, had insurance and drivers license. He then got the K9 out
Did the police officer have a valid reason to search the car after the traffic stop?
nope . He said he did. My grandson was with me and told me the cop smelled of alcohol. There was a guy in back seat that was on parole in Illinois and we were stopped on bridge to Iowa. He had half bottle of * Star and cop let him keep it and was going to let him take car with my 12 year old grandson.
Did you file a complaint against the officer for his behavior and the alleged smell of alcohol?
No because I found out next day and how credible is 12 year old.
What was the outcome of your case in Illinois court?
I was released on own recog. Then when I went to court they drug tested me by saliva failed went to jail. ****you 5 days clean. I bonded out $*. Cash. Then 20 days clean went to court did the same saliva test ..failed back to jail.
What is your current legal status after the second failed saliva test?
I worked at corn refinery making $*.*/hr now I need another $* and I don't have it. Ended up sitting 14 days and lost job, my apt so I went to Florida to my aunt's. I don't have much family
What is your current legal situation? Are you facing any charges in Florida or are you still dealing with the case in Illinois?
Warrant felony Illinois.
What is the specific charge on the warrant from Illinois?
failure to appear on possession meth under * gms
What is the date of the warrant issued for your failure to appear in court?
July *
What steps have you taken since the warrant was issued?
None
What is your plan to address the outstanding warrant for your failure to appear in court in Illinois?
Not sure they don't extradite from Florida
Are you planning to stay in Florida indefinitely or do you have plans to return to Illinois?
I never lived Illinois I lived in Iowa. Right across the Mississippi river
What is your current legal status in Iowa?
I only have charges Illinois
What is the status of your charges in Illinois? Are you seeking legal representation or advice on how to proceed?
Still there
What is your plan to address the charges in Illinois?
Well I feel I've been violated in several ways
Can you please elaborate on how you feel you've been violated?
Plus they have $*,*. Of mine that I forfeited but I was homeless jobless and responsible for my grandson
Can you provide more details about the $*,* you mentioned? Was it seized during the arrest or did you forfeit it for some other reason?
I bonded out twice for$* each time.
What happened to the bond money after you failed to appear in court?