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What happens after you fail a drug test?

When a police officer pulls you over, it can be an anxiety-inducing experience. While you might not be drinking and driving, there are still repercussions that can come from driving after taking drugs. Driving under the influence of drugs can lead to impaired judgement, lack of awareness and low concentration. It can also lead to a DUI.

Failing a drug test and getting a DUI can be scary. But knowing how drug tests work and what the consequences could be can allow you to be more prepared if you get a drug-related DUI charge.

Tests may not always be reliable

While breathalyzer tests for alcohol are mostly reliable, drug tests have more room for error. Some people may fail drug tests because such tests can be faulty and pick up on other legally prescribed medications. Some of the substances that can trigger a false positive include:

  • Antidepressants
  • Antihistamines
  • Decongestants
  • Over the counter medications, like Tylenol

In some cases, it has also been shown that consuming poppy seeds can lead to a positive test result.

Since drug tests can turn up positive from legal substances, some drivers may be falsely accused of using drugs. Awareness of what substances may show up on a test can help you understand what caused it to be a false positive.

What happens next?

If you are charged with a DUI, there can be several possible outcomes:

  • License suspension
  • Fines between $500 and $1000
  • Probation
  • Jail time (on third conviction)

As a driver, it is important to be aware of what could happen if you fail a drug test – and why such tests could be faulty. Fortunately, there are ways to overcome a drug-related DUI charge. If you feel that you have been wrongfully charged, an experienced criminal defense attorney can help you clear your name.

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McIntosh Law
766 Hudson Avenue
Suite B
Sarasota, FL 34236

Toll Free: 866-943-0466
Phone: 941-306-3230
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