If the court or DA would have insisted upon a drug test had it not been
waived by defense counsel, and the defendant would have failed it if they had insisted, even if the defense lawyer made a mistake, it was probably a harmless error, and relief would not be available.
The Opinion issued
by the Kentucky Bar Association, which states that «a criminal
defense lawyer may not advise a client with regard to a plea agreement that
waives the client's right to pursue a claim of ineffective assistance of
counsel...» should be upheld.