Can I be Arrested for Failing a Drug Test?

 Can I be Arrested for Failing a Drug Test?

If you fail a drug test, it is best that you understand the potential consequences

Few things are as stressful as potentially failing a drug test. Even those who have no real reason to be concerned often find themselves worried about the potential results. As nerve-racking as it may be, the consequences of failing a drug test vary depending on who ordered it. There are a handful of reasons to be drug tested, but the two main reasons are for employment and probation. Failing a court ordered drug test while on probation would generally hold a much greater weight than failing a workplace drug test, though both would certainly not be ideal. Though both cases have varying results, does being arrested fall under that list?

What Happens if I Fail a Drug Test at Work?

Your employer may drug test you for a multitude of reasons, but a few reasons include: you had a workplace accident, they have suspicion of you using while on the job, or it is just part of the onboarding process. Though it depends on the circumstances, it is highly unlikely that your place of employment would provide the police with the results of your failed drug test. Thanks to the Health Insurance Portability and Accountability Act (also known as HIPAA), you do have some rights regarding who may view your drug test results. In order for your workplace to provide anyone with your results you would be required to sign a HIPAA release form. Oftentimes you are to sign off on this prior to the drug test and the document will state exactly who will be receiving the results. If your results are released to the police or anybody that is not on that release form this could lead to major legal troubles for your employer.

What Happens if I Fail a Drug Test While on Probation?

Being on probation means that you have committed a crime and to avoid jail time you are to comply with court ordered rules and conditions under the supervision of a probation officer for the ruled amount of time. Probation can last anywhere from a few months to a few years, but oftentimes the length of probation may be reduced due to good behavior. One aspect of probation is random drug testing. Unlike in a workplace, you don’t have to sign a release statement. If you fail a drug test while on probation, you may face further charges and potentially be put in jail for breaking your probation.

What are My Rights if I Fail a Drug Test?

Failing a drug test is stressful as is, especially when you consider being arrested and jailed being potential results. One of the best things that you can do for yourself after failing a drug test is to call an attorney to represent you during your case to help you uphold your rights. You have the right to know the charges against you and to defend yourself against said charges.

Get Help from an Experienced Criminal Defense Attorney Today

At the law firm of Granger and Mueller, our experienced lawyers in Texas can provide support and legal representation if you have failed a drug test and are not sure what your rights or options are. To learn more about our lawyers and our law firm, please reach out today. Call us at (512) 474-9999 or contact us online to schedule a free consultation and to learn more about how we can help.

Paul Petersen

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