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Louisiana Criminal Defense Lawyer > Blog > Criminal Defense > What Happens If You Fail A Drug Test?

What Happens If You Fail A Drug Test?

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There are many reasons you may have to take a drug test. Perhaps a potential employer requires you to take one before they will hire you. Or, maybe you are required to take drug tests as part of your probation. Whatever the reason, you may be worried about taking the test, even if you know you have not willingly consumed any drugs. So, what will happen if you fail the drug test?

When You will Face a Slap on the Wrist

There are times when you may have to take a drug test ordered by your doctor. You may be suffering from an illness and a doctor may order a drug test, or another test that could detect the presence of drugs in your system. If you refuse this test, or it comes back positive for drugs, there is little need to worry. Your doctor is not obligated to report you to the police and will not likely turn your medical records over, unless they are part of a warranted search.

Your doctor will likely only note in your chart that you either refused or failed the drug test. If you are very ill, they may speak to you about how the drugs will only make your condition worse. They may even offer help in the form of rehabilitation programs and other possible treatments.

Remember, your doctor is required to guard your medical records, and drug tests taken for treatment (not including a workers’ compensation situation) are for the benefit of your medical treatment.

When Results are Reported to Officials

If you are applying for an employment position and you fail the drug test, you can probably assume that you will not get the job. In most cases, that is the only negative fallout that comes from failing an employment drug test.

On the other hand, if you are already employed and have to take an employment drug test, you may face harsher consequences if you fail. Your employer may fire you, force you to go to rehab, or face termination. Your failed test will likely become part of your work record and that could follow you throughout your time with the company. However, if you can show that you are enrolled in rehab, or have done it in the past, it will work in your favor.

If you are required to maintain a certain license for your employment, a positive test will likely mean that you will no longer be able to operate the machinery that you are licensed to operate if you do have a positive drug test.

When You will Go to Jail

There are times when failing a drug test can result in jail time. This mostly occurs when you are on probation and have to pass drug tests as a condition of your compliance and continued release. Even if you are taking a drug test as part of an employment process and you fail, your employer is then required to report it and you will likely face jail time.

You will not lose any probation time you have already served, but you will still have to go to jail. Depending on the charges you faced in the past, and the judge who will hear your case, the amount of time you are sentenced to may differ from others.

Our Criminal Defense Lawyer in Monroe Can Help

Violating probation is a very serious matter, but our Monroe criminal defense lawyer can give you the best chance of avoiding jail time. At Whiddon Criminal Defense, our skilled attorney can present your case to a judge and make arguments indicating that you did not violate probation, or provide a reason for why you did. Call us today at 318-387-2776 or contact us online to schedule a free consultation.

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