Can you be criminally charged for a false positive drug test?

It’s not often that people are required to take drug tests. Many jobs require employees to take scheduled or random urine tests to scan for drug consumption. A failed drug test may have negative consequences, but it won’t usually lead to criminal charges, however.

On the other hand, you could face more serious consequences if you test and fail a drug exam while on probation. Probation is often seen as a chance for someone to avoid long imprisonment, but people on probation are subject to a strict set of rules. That usually includes scheduled or random drug tests. Here’s what you should know:

Legal consequences of failed drug tests

Sometimes, a probation officer will “cut you a break” for a failed drug test: You may only be left with a warning for a failed drug test depending on the severity of the results. Often, this is a warning for only the first failed drug test. If your probation officer finds repeated failed urine tests, then you could be violating your probation and sentenced to jail time.

The problem of false-positive drug tests

Just because you failed a drug test, doesn’t mean the test was accurate. There are many ways false-positive results can show on a drug test. A few examples would be:

  • Mouthwash
  • Poppy Seeds
  • Over-the-counter or prescription drugs
  • Secondhand marijuana smoke

The accuracy of drug tests may be influenced by substances that make it seem like you violated your probation. If you believe there are criminal charges against you that don’t represent the truth then you may need to seek legal assistance. 

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