Can You Challenge a False Positive Drug Test?

Can You Challenge a False Positive Drug Test?

Various studies suggest that drug users are more likely to commit crimes than nonusers. For this reason, most law enforcers often conduct drug tests on suspects of certain crimes as part of investigations. However, drug tests are not always accurate. They may yield a false positive, leading to a wrongful conviction. A false positive is a test result that erroneously indicates the presence of illicit substances in your system. Fortunately, you can challenge a false positive test and avoid a criminal conviction and related penalties. Here are different ways you can challenge a false positive drug test in a criminal case.

Know Your Rights

Understanding your legal rights for random drug testing is critical. In most situations, a law enforcer cannot force you to take a test. They may have to obtain a warrant before conducting the test.

Disclose Medications You Have Taken

You can dispute a false positive by disclosing the substances you are taking. Some prescription medicines, herbal substances, and nutritional supplements can yield a false positive result following a drug test. You may have to produce a doctor’s prescription documents or dated purchase receipts to prove your claim.

Ask for a Re-Test

The quickest and most straightforward option for challenging a false positive result is to request a re-test. The testing kit used might be erratic, or the testing method might be ineffective, resulting in a false positive. A re-test using a different test kit can help absolve you from criminal liability.

Consult an Attorney

A false positive can have damaging implications. As such, consulting an experienced criminal defense attorney can help you understand your legal rights and determine the best options.

Need Help Challenging a False Positive Test?

Understanding your rights if a drug test returns a false positive is critical in a criminal case. Our experienced lawyers atMorris and Dean in Dalton, GA, can help you dispute false positive drug tests and sway the case in your favor. Visit us or contact us today to book a free consultation and learn more about our legal services.

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