Can I Be Charged if I fail a Drug Test?

Around the world, hundreds of drug tests are carried out each day. Employers, learning institutions, and parents among others use this measure in establishing the sobriety and reliability of every individual. Moreover, the tests are used in justice systems and sporting events to ensure that no sportsperson has a pharmaceutical advantage over other players.


However, these tests sometimes fail and could lead to the illegal dismissal from your workplace, or a lost working opportunity. But what happens when you fail a drug test? Here are a few ideas on steps that you should take.

Can you be Charged?

Failing a drug test does not mean that you could end up with possible drug-related criminal charges. Several factors can determine charges for this offense. For instance, if an employer or a learning institution perform the test, you’ll be denied the chance to join the institution or company when you test positive.


However, undertaking the test for criminal justice purposes can deny your chance of going for probation and instead serve the remaining time in the prison. Possession of a controlled substance is a crime in most states and can lead to hefty penalties and lengthy jail terms. However, the penalties are severe for people caught dealing the drugs.


According to Rowdy Williams, some possible drug-related criminal charges include possession of a controlled substance or dealing. In most jurisdictions, the seriousness of the charge depends on the substance and the amount in question.

A Confirmatory Test

In case you have never used illicit drugs, asking for a confirmatory test can save your chances of getting a new job or joining your dream school. In this procedure, your urine is tested for a trace of banned drugs. The test must be different from the screening test to get an accurate result that cannot be disputed. Both companies and government agencies are obliged to honor the request for a retest to every affected person.

What If You Are A Drug User?

If indeed you are a drug user, you should not be subjected to discriminations or lack of a job. Not all jobs require people who have no any trace of drugs in their systems. These regulations are only applicable to healthcare companies, sensitive transportation services and people employed by the federal government.


If you use prescription medications that can trigger a drug test, wait for the drug to clear your system before taking the test. For example, according to Prevail Intervention it takes about 4 days for Xanax to be eliminated from your system.


Hire an experienced employment attorney who understands the seriousness of the charge. These professionals fight for your employment rights whether you have been fired, you have not been hired, and if you were denied your work benefits. Their advice is instrumental in helping you forge the best way forward.



Failing a drug test is not only a frustrating but a painful experience whose effects can be felt for a lifetime. Therefore, go for a re-test or hire a lawyer and challenge the decision arising from a positive drug test. If you use common non-harmful drugs like marijuana, consider using alternatives or related things such as hemp oil if you know you work for an employer who will use regular drug tests.


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