Q. Will I be drug tested by the court or probation? Yes, you can be tested by order of the judge or by probation. It's quite common for a judge to ask whether or not you will pass a drug test; depending upon your answer, the judge may test you on the spot. It is always best to be honest, because lying to a judge is never a good thing. Probation can and will subject you to random and scheduled drug testing. If you fail a drug test, you could be in violation of your bond conditions, your probation terms, or be charged with a new crime.