Criminal Defense Attorneys Serving All Areas of Louisiana

09Nov

Will I Go To Jail If I Fail A Drug Test?

Have you recently asked the question, “Will I go to jail if I fail a drug test?“? This post will answer your question regarding what happens if you fail a drug test. In addition, we will discuss how it can affect your future and how to deal with law enforcement.

Failing A Drug Test Is A Big Deal

While being a source of humiliation and possibly defeat, failing a drug test leads to serious anxiety. You’re wondering what happens once you’ve completed a drug test. Could you lose your job? Could you be facing jail time?

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Can failing a drug test lead to being convicted?

Unless you are required to take a drug test for employment or pre-employment, the answer is that it is not very likely you will suffer criminal charges. Workplace drug tests, whether you pass them or not, shouldn’t lead you to worry about law enforcement. You are not likely to incur legal charges from employers and some may even give you a second chance for failing a drug test. Keep in mind, most aren’t so forgiving.

drug test results
Drug Test Results

What if I fail a workplace drug test?

While you wouldn’t necessarily have to worry about any legal ramifications by employers, there are a few things to keep in mind. Some exemptions to consider when possibly failing a drug test.

·  Do the results lead to employers believing that an employee may be using drugs at the workplace? If so, you may be hearing from local law enforcement officials.

·  What kind of work do you do? If your job requires you to operate heavy machinery, then employers are more likely to require passage of drug tests to make sure you are not under the influence at work.  

What if I’m on probation when I fail the drug test?

Under certain conditions, a parole will allow release. This depends on the type of sentence you have been serving. Being incarcerated for certain crimes can also alter these conditions. For instance, if you have committed a violent crime, be prepared for a much harsher penalty than someone who committed a petty crime, let’s say. Additionally, those who’ve committed misdemeanors are usually only subjected to community service or may have to pay fines.

What if you refuse a drug test while on probation?

Usually, one is released conditionally dependent on state or federal parole. In most cases, federal prisoners are dealt harsher terms and conditions for release than state. The most common being, completing random drug tests. If you refuse to complete a drug test when required to do so, you will face the same consequences as if you had failed a drug test.  

Part of the supervised mandate for parole include random drug tests. When can you expect these random drug tests? At any time of the day or night. Yes, your parole officer can legally request a drug test in the early morning hours through the very late night. That means you can expect your parole officer to show up to your home or place of residence right in the middle of the night. This would lead to the one sure fire way to get arrested. By refusing to comply to a drug test when required as per your parole terms.

What Happens If I Fail a Drug Test?

Best advice when a parole officer demands that you complete a drug test? Just comply and do not fight it. The chances that you will gain early release from parole, if available to you, would increase with complying with the terms and conditions of said release. The purpose of these drug tests are to show you are clean and not committing any drug violations or crimes.

If you do take a drug test as required and fail, then you will most certainly be receiving some undesirable notice from your parole officer. Some possible responses could be:

·  You will receive a first warning

·  You will be allowed to be permitted to continue living free outside of prison but will receive a violation

·  Another drug test is requested

·  Following the above and continued violations, you will then be arrested and taken into custody

Best course of action is to be honest. If you know that you may fail a drug test beforehand, let your parole officer know and confess. If they will know anyway, it will only be seen as an insult. 

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Conclusion: Will I Go To Jail If I Fail A Drug Test

The laws regarding drug charges and penalties vary and can be complicated. We hope this article can offer insight into the questions you have. However, if you are facing any drug charges are already on probation, consulting with a criminal defense attorney near you is a wise decision. Carl Barkemeyer, Criminal Defense Attorney is one of the best drug attorneys in Louisiana. Reach out to the team at their law firm for answers to your questions regarding what to do about failing a drug test.

We hope you now know the answer to your question will I go to jail if I fail a drug test and wish you the best of luck.

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Louisiana DWI & Criminal Lawyers

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Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, and all of Louisiana.

DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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