Wichita Bail Bonds Blog

Yes, a bail bond company can require you to take a drug test if it is part of your bond agreement or court-ordered release conditions. When you sign a bond contract with a bail bondsman, you agree to follow certain rules while awaiting trial. If drug testing is listed as one of those terms, the bondsman has the right to require it to ensure you remain compliant. Failing a test or refusing to take one can result in bond revocation and a return to jail.

When A Bondsman Can Require Drug Testing

Bondsmen act as sureties; they take financial responsibility for your court appearance. Because of that, they have an interest in keeping you compliant with the law and court conditions. Drug testing may be required in some situations:

• As part of court-ordered bond conditions – Judges sometimes require defendants to remain drug-free while out on bail. The bondsman helps monitor compliance by testing periodically.
• Based on the nature of the charges – If your charges involve drugs or alcohol, testing may be mandatory to prevent further violations.
• At the bondsman’s discretion – Even if the court doesn’t order testing, some bail companies include drug-free clauses in their private contracts.
• Following a suspected violation – If the bondsman believes you’re using drugs or failing to comply, they may request a test before continuing your bond.

How Bail Bond Drug Testing Works

Drug testing through a bail bond company usually works the same way as probation or pretrial testing.

• Urine tests for most controlled substances.
• Saliva or breath tests for alcohol or recent drug use.
• Hair follicle tests for long-term substance use patterns.

Testing is conducted at the bail company’s office, a lab, or a contracted testing facility. Results are shared with the bondsman and sometimes with the court.

What Happens If You Fail A Drug Test

Failing a drug test while out on bond can have serious consequences. Depending on the court order and the bondsman’s policies, the following may happen…

• The bondsman may revoke your bond and surrender you to jail.
• The court may issue a warrant for violation of release conditions.
• Additional conditions, like increased supervision or treatment, may be imposed.
• Your bond amount could be raised at the next hearing.

In Kansas, judges and bondsmen both have the authority to revoke or modify a bond if a defendant violates release conditions.

Refusing A Drug Test

Refusing a drug test requested by your bondsman can be treated the same as failing one. Since the test is part of the contract or court condition, refusal may be considered noncompliance. The bondsman can notify the court or surrender your bond immediately. It’s always best to clarify all terms before signing the bond agreement so you understand what’s expected.

Why Bondsmen Require Testing

Drug testing protects both the bondsman and the defendant. It helps ensure the defendant stays sober, attends court, and avoids new charges. For the bondsman, it reduces the financial risk of bond forfeiture if the defendant violates release conditions or gets re-arrested.

A bail bond company can drug test you when it’s part of your agreement or a court requirement. Staying compliant and drug-free is essential to keeping your bond active and maintaining your release while your case is pending.