Can I be Arrested for Failing a Drug Test?

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

Failing a drug test is a serious thing. The specific consequences that you face for failing a drug test will likely depend on who ordered the drug test. For example, if you underwent a court-ordered drug test while you were on probation and tested positive for drugs, the consequences will be different than they would be if you failed an employer-ordered drug test. In both cases, though, the outcome may be less than positive. Here’s what you need to know about failing a drug test and whether or not you can be arrested–

What Happens if I Fail a Drug Test at Work?

If you fail a drug test at work, whether or not that is reported to the police will likely depend on the circumstances. In most cases, however, the employer may be prohibited from doing so under HIPAA rules. You will likely need to sign a HIPAA release before taking the test, and the release will specify who will have access to the results. If your records are released to the police without your consent or without a court order, this could be a legal liability for your employer

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

Failing a drug test while on probation is a different story. Being on probation means that you have committed and been convicted of another crime. There are certain conditions of probation, including not using drugs. If you are caught using drugs while on probation, your probation may be revoked and you could face new charges for drug use, too.

What are My Rights if I Fail a Drug Test?

Failing a drug test can be scary, especially if getting arrested and charged is a potential consequence. If this happens to you, one of the first things that you should do is to call an experienced attorney who can represent you during your case and help you uphold your rights. If you are facing charges, you also have the right to know the charges against you and to defend yourself against charges.

Get Help from an Experienced Lawyer Today

Failing a drug test never has positive effects. From losing your job to facing criminal charges, the consequences of failing a drug test could be serious. At Lomurro Law, our experienced criminal defense lawyers in New Jersey can provide support and legal representation if you have failed a drug test and are not sure what your rights or options are. One of the smartest things that you can do after failing a drug test is to call an attorney who knows the law and will work hard to protect your best interests.

To learn more about our lawyers and our law firm, please get in touch with us today. You can schedule a consultation by calling us or sending us a message online. We can travel to your location.

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