Questioning positive drug test results

| Dec 17, 2020 | Drug Charges |

If you tested positive for a drug that is illegal in California, the consequences can have a significant impact on your life. A positive drug test could lead to criminal charges, loss of employment or a probation violation. That’s why it’s important to question the accuracy of drug test results so that they cannot be used against you.

When is drug testing done?

Drug tests are often done during pre-employment screening or following a workplace accident. A person may also be drug tested right after they have been arrested for a suspected DUI, before they are scheduled to appear in court or while they are on probation.

Due to laws in many states, a refusal to submit to a drug screening is often not in a person’s best interest. However, a defense attorney can still dispute the accuracy of a positive blood, urine or saliva drug test. If a test result is found to be questionable, it may not be included as evidence in a criminal trial.

What can cause a false positive drug test result?

There are many factors that can make drug tests unreliable. If the administrator of a drug test uses poor technique or a test sample is not handled or stored properly, the results of the test could be false. Additionally, a number of legal foods and medications have been shown to cause false positive test results for opiates, cocaine, THC and other illegal drugs. These legal substances include:

• Poppy seeds
• Cough suppressants
• Eye drops
• Novocain
• Psychiatric medications
• Antibiotics

What can be done about a positive drug test?

Having a positive drug test removed from court proceedings can only improve the outlook of your criminal case. An attorney may be able to argue that a drug test is likely to be inaccurate and should not be used as evidence for a drug charge.