# Drug test in Georgia — can you refuse? Fines and rights

The police may take you for a test to check for drug use. Avoiding the test is itself an offence — with a fine or administrative detention. We explain your rights, how the test works and how to challenge the result.

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Under Article 45 of the Administrative Offences Code, avoiding a drug-use test is punished exactly like drug use itself (other than marijuana): a fine of GEL 500–2,000 or up to 60 days' administrative detention. Marijuana use is covered by a separate article (45¹).
For drivers, avoiding the test is punished more harshly (Article 115²): GEL 1,000 and a 1-year suspension of driving rights; for taxi, bus or truck drivers, GEL 2,000 and 2 years. Driving under the influence of drugs is a crime (Criminal Code, Article 276(1)).

## How the test works

- The police may take you to the MIA forensic department; you can refuse to be taken, but then you must take a lab test yourself within 4 hours — otherwise it counts as avoiding the test

- If the result is positive, you can ask for an alternative test of the sealed control sample within 10 days

- Sign the record only after reading it; if you disagree, write your objection

- Someone who voluntarily hands over a small amount of drugs, or voluntarily seeks medical help for drug use, is released from liability

## Other consequences

A court takes away the driving licence of a person punished for drug use for 3 years, and other listed rights for 5 years. So challenging the fine is often about much more than the money.

## Our services

- Advice on your rights during a test

- Requesting an alternative test

- Appealing the administrative case in court

- Challenging a driving suspension

- Defence under Article 276

- Restoring rights

## Questions & answers

### Can I refuse a drug test?

Refusing is itself an offence — GEL 500–2,000 or up to 60 days' detention, the same as for use. For drivers — GEL 1,000 and a 1-year driving ban.

### The positive result is wrong — what can I do?

Within 10 days ask for an alternative test of the sealed control sample, and contact us — the result can also be challenged in court.

### Will I lose my driving licence?

A court takes away the driving licence of a person punished for drug use for 3 years.

## Legal basis

- [Code of Administrative Offences of Georgia](https://matsne.gov.ge/ka/document/view/28216)

- [Criminal Code of Georgia](https://matsne.gov.ge/ka/document/view/16426)

Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.

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Practice areas

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Source: https://mmlaw.ge/en/drug-test-georgia/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge
