What Happens If You Fail a Drug Test?

According to Quest Diagnostics, the rate of failed drug tests in the U.S. combined workforce in 2022 was 4.6%, the highest it had been in two decades. For many, the question of what happens if you fail a drug test becomes an immediate and serious concern, carrying significant consequences depending on the context.

Quick Summary

This guide examines the varying consequences of a failed drug test across different settings, from employment and pre-employment screening to legal situations like probation. It addresses factors like employer policies, false positives from medications, and the importance of knowing your rights.

Key Points

• Employment Impact: A failed pre-employment drug test typically results in the job offer being rescinded, while existing employees may face suspension, termination, or mandatory rehabilitation depending on company policy.

• Legal Consequences: If testing is court-ordered (e.g., for probation), a failed test can lead to a violation hearing, increased supervision, mandatory treatment, or even incarceration.

• False Positives: Substances from common medications like ibuprofen or certain cold medicines, and even foods like poppy seeds, can trigger a false positive result.

• The Medical Review Officer (MRO): After a positive test, an MRO will contact you to verify if a valid prescription or other legitimate reason explains the result. Providing documentation is key.

• Know Your Rights: Federal and state laws, including the Americans with Disabilities Act (ADA), provide certain protections. You have the right to appeal a result, especially if you suspect a false positive.

• Be Transparent: In both employment and legal situations, being honest and upfront about any prescribed medications or potential reasons for a positive result can be the most effective strategy.

A failed drug test can have a wide range of repercussions, depending heavily on the circumstances surrounding the test. The consequences for failing a pre-employment screening are very different from failing a test while on probation, and navigating the aftermath requires a clear understanding of the rules and your rights in each scenario. This guide explores the different contexts in which drug testing occurs and outlines the potential outcomes and necessary steps following a positive result.

Consequences of Failing an Employment Drug Test

The most common scenario for drug testing is in the workplace. Employer responses vary based on company policy, the type of test, and legal regulations, which can differ by state.

Pre-Employment Drug Tests

For most applicants, a failed drug test is a significant and immediate setback. If a job offer is contingent on passing a drug screening, a positive result will almost always lead to the offer being rescinded. In this case, the employer will follow a legally mandated 'adverse action' process, which requires them to notify the candidate of the failed result and their right to dispute it. Some companies may impose a waiting period before you can reapply, while others have strict policies that prevent reapplication entirely.

Testing for Current Employees

When a current employee fails a drug test—whether it's a random test, a test following an accident, or a test based on reasonable suspicion—the consequences are dictated by the company's specific drug-free workplace policy.

• Termination or Suspension: Companies with zero-tolerance policies may immediately terminate an employee, particularly for safety-sensitive jobs in fields like transportation, healthcare, or construction. Other companies might suspend an employee pending further review or confirmation.
• Mandatory Rehabilitation: Some employers, particularly those with Employee Assistance Programs (EAPs), may offer employees the chance to attend counseling or rehabilitation instead of facing termination. This is more likely for a first-time offense. Some states even require employers to offer a rehabilitation option before terminating a first-time offender.
• Last Chance Agreement: An employer may allow an employee to return to work under a 'last chance' agreement, which typically involves mandatory follow-up testing and immediate termination for any subsequent violation.

Failing a Drug Test in Legal or Judicial Settings

When a drug test is mandated by a court or legal authority, the stakes are considerably higher, and the consequences can include legal penalties.

Probation or Parole

Failing a drug test while on probation or parole is a violation of court-ordered conditions and can lead to serious legal repercussions, including:

• Warning or Increased Supervision: For a first-time or minor infraction, a probation officer may issue a formal warning or increase the level of supervision and testing frequency.
• Mandatory Treatment: The court may order the individual to enroll in a substance abuse treatment or counseling program.
• Probation Revocation: In severe or repeat cases, the court may revoke probation, potentially leading to incarceration for the remainder of the original sentence.

Child Custody

Courts may order drug testing during child custody proceedings. A failed test could negatively impact the judge's decision regarding custody or visitation rights, as it may be viewed as evidence of an unsafe environment for the child.

Understanding False Positives

Not all positive results indicate illicit drug use. Certain prescription medications, over-the-counter drugs, and even common foods can trigger a false positive. A qualified Medical Review Officer (MRO) is trained to evaluate test results in light of an individual's medical history.

Common Causes of False Positives:

• Ibuprofen and Naproxen: These common NSAIDs can sometimes cause a false positive for barbiturates or cannabinoids.
• Cold Medicines: Decongestants containing pseudoephedrine can trigger a false positive for amphetamines.
• Poppy Seeds: Eating poppy seeds can result in a positive test for opiates.
• Prescription Medications: Drugs like Adderall (amphetamine), Xanax (benzodiazepine), and certain opioids can cause a positive result for substances they are related to. If you have a valid prescription, providing documentation to the MRO will clear the result.

Steps to Take After a Failed Drug Test

Here are some proactive steps to take immediately after being notified of a positive drug test result:

1. Do Not Panic: Stay calm and professional, especially if dealing with an employer.
2. Request a Retest: If you believe the results are inaccurate, you have the right to request a retest, often using a more sensitive method like Gas Chromatography/Mass Spectrometry (GC/MS).
3. Contact the MRO: The Medical Review Officer will contact you to verify any legal medications or medical reasons for the positive result. Be prepared to provide a list of all prescriptions and OTC drugs you are taking.
4. Gather Documentation: Collect any necessary medical documentation, including valid prescriptions, to support your explanation.
5. Review Company Policy: Carefully read your company's drug testing policy to understand the procedures for appealing a result or what options, if any, for rehabilitation are available.
6. Seek Legal Counsel: If your job is federally regulated (e.g., DOT) or if the test is court-ordered, consulting an attorney to understand your rights is highly recommended.

Comparing Consequences: Employment vs. Legal

Feature	Employment Drug Test	Court-Ordered Drug Test (e.g., Probation)
Initiator	Employer	Judge, probation/parole officer
Consequence Trigger	Violation of company policy	Violation of probation or parole terms
Immediate Action	Job offer rescinded, suspension, or termination	Probation violation hearing, potential incarceration
Mitigating Circumstances	Explanations via Medical Review Officer (MRO) or EAP referral	Proactive rehab seeking, explanation of valid prescription
Long-Term Impact	May affect future employment in regulated industries (DOT)	Possible jail time, extended probation, criminal record implications

Conclusion

Failing a drug test, whether for employment or legal purposes, can have serious and lasting consequences. While the process can be stressful, understanding the specific context of your situation is crucial. For employment, your employer's policy and state laws dictate the outcome, with possibilities ranging from a rescinded offer to a chance at rehabilitation. In legal situations, a failed test can result in probation revocation and jail time. In all cases, being proactive, communicating with the Medical Review Officer (MRO), and understanding your rights are the best strategies. Many industries and legal systems provide avenues for appeal or rehabilitation, particularly in the event of a false positive from a legitimate medication or for first-time offenders. Your response following a positive result can significantly influence the final outcome. For more information on workplace drug testing policies and legal frameworks, resources like the Substance Abuse and Mental Health Services Administration (SAMHSA) can provide guidance.

Frequently Asked Questions

Can an employer fire you for failing a drug test?

Yes, in most cases, an employer can fire you for failing a drug test, especially if their company policy is zero-tolerance or the job is safety-sensitive. However, some states and company policies require offering a rehabilitation program before termination for a first offense.

What happens if you fail a pre-employment drug test?

If you fail a pre-employment drug test, the job offer will almost certainly be withdrawn. Employers are required to follow a process that includes notifying you of the result and your right to dispute it.

Does a failed drug test show up on a background check?

Generally, a failed drug test for employment purposes does not appear on a criminal background check. However, in federally regulated industries like transportation, it will be recorded in a clearinghouse for a set period. An employer might also disclose the reason for termination during an employment verification check, depending on state laws.

What if I fail a drug test because of a prescription medication?

If you fail due to a valid prescription, you should provide documentation to the Medical Review Officer (MRO) who will contact you. The MRO will verify your prescription, and if it's valid and used as prescribed, the result should be cleared and not reported as a violation.

What should I do if I suspect a false positive?

If you suspect a false positive, inform the MRO immediately and request a retest, mentioning any medications or foods that could have interfered. Gathering documentation from your doctor for any prescriptions you take is also a crucial step.

Can I refuse to take a random drug test at work?

You can refuse a random drug test, but in many cases, refusal is treated the same as a positive result and will likely lead to disciplinary action, including termination.

What are the consequences of failing a drug test on probation?

The consequences of failing a drug test on probation vary based on the specific terms and your history. They can range from a warning and increased supervision to mandatory rehabilitation or probation revocation and jail time.

How long do failed drug tests stay on a record?

For non-federally regulated jobs, it depends on the employer's policy. In federally regulated industries like the DOT, a failed test can stay on record for five years or until you complete a required return-to-duty process.