Understanding a Positive Drug Test Result
A positive drug test indicates that the concentration of a specific substance in the provided sample exceeds the lab's designated cutoff level [1.9.4]. However, a positive result doesn't provide context on how the drug entered the system, the amount used, or if the person has an addiction [1.4.1]. The immediate consequences depend heavily on the situation, such as pre-employment screening, a random test at work, a post-accident investigation, or a court-ordered test [1.3.4]. In many cases, a Medical Review Officer (MRO) will contact the individual to determine if there is a legitimate medical explanation for the result, such as a valid prescription, before reporting it to the employer [1.4.3].
Consequences in an Employment Context
For job applicants, a failed pre-employment drug screen typically results in the withdrawal of the conditional job offer [1.3.1]. For current employees, the outcome varies based on company policy, state laws, and employment contracts [1.2.2].
- Termination: Many companies, especially in safety-sensitive industries like transportation and healthcare, have zero-tolerance policies that lead to immediate termination [1.2.6, 1.3.5].
- Suspension and Rehabilitation: Some employers may suspend the employee and offer a "last chance agreement." This often requires completing a rehabilitation program, like an Employee Assistance Program (EAP), and submitting to follow-up testing [1.3.5, 1.4.2].
- State-Specific Laws: Certain states have protections. For example, in Vermont and Minnesota, an employer cannot fire an employee for a first-time positive test if the individual agrees to enter a rehabilitation program [1.3.2].
Legal and Long-Term Ramifications
A failed drug test does not typically appear on a standard criminal background check [1.2.1]. However, there are significant exceptions. For positions regulated by the Department of Transportation (DOT), a failed test is recorded in the FMCSA Drug and Alcohol Clearinghouse for up to five years, and future DOT-regulated employers can access this information [1.2.1, 1.2.2]. This can make finding future employment in the industry very difficult [1.2.3]. For non-regulated jobs, the record is usually internal to the employer who ordered the test, but it may be disclosed during employment verification checks if state law permits [1.2.4].
Comparison of Common Drug Testing Methods
Employers use several methods to test for substances, each with different detection windows and accuracy levels [1.8.1].
| Test Type | Detection Window | Common Uses & Notes |
|---|---|---|
| Urine | 1-7 days (up to 30 for chronic cannabis use) [1.8.1, 1.8.5] | Most common method; non-invasive and cost-effective, but can be tampered with [1.2.1]. |
| Hair Follicle | Up to 90 days [1.8.1] | Detects historical use; tamper-resistant but more expensive [1.2.1]. Not ideal for detecting recent use. |
| Saliva (Oral Fluid) | 5-48 hours [1.2.1] | Good for detecting recent or current use; results can be fast, but has a short detection window [1.8.4]. |
| Blood | Minutes to a few days [1.2.1, 1.8.1] | Highly accurate for detecting current impairment; invasive and expensive, so it is less common [1.2.1]. |
What to Do If You Fail a Drug Test
If you believe a positive result is an error, you have rights. The Fair Credit Reporting Act (FCRA) requires employers who use a third-party screening company to provide you with a summary of your rights, including the ability to dispute the result [1.2.4].
Steps to Dispute a False Positive:
- Request a Retest: Immediately request that the original sample be retested. Labs retain samples for this purpose. The confirmatory test often uses a more precise method like Gas Chromatography-Mass Spectrometry (GC-MS) to eliminate false positives [1.5.1].
- Disclose Medications: Inform the Medical Review Officer (MRO) of all prescription drugs, over-the-counter medications, and supplements you are taking [1.4.1]. Many common substances, like decongestants (pseudoephedrine), NSAIDs, and even poppy seeds, can cause false positives [1.2.1, 1.5.5].
- Provide Documentation: Have medical records or a doctor's note ready to prove any prescriptions that could explain the result [1.3.1].
- Consult Legal Counsel: If you believe your rights were violated (e.g., discrimination, breach of privacy), consulting with an employment attorney may be necessary [1.3.1, 1.4.5].
Consequences for Probation
Failing a drug test while on probation is a technical violation of its terms and can have serious consequences [1.7.1]. For a first-time failure, a probation officer might issue a warning or add requirements like counseling or community service [1.7.3, 1.7.4]. However, repeated failures or a failed test in a high-stakes case can lead to a probation violation hearing before a judge. Potential outcomes include stricter supervision, mandatory inpatient rehabilitation, an extension of the probation period, or revocation of probation, which could result in jail time for the remainder of the original sentence [1.7.2, 1.7.5].
Conclusion
Failing a drug test carries significant consequences that can impact your career, freedom, and professional reputation. The immediate outcome often involves the loss of a job or job opportunity, but the long-term effects depend on the industry and legal context. It is essential to understand your employer's policies and your legal rights, especially regarding the process for challenging a result. In cases of a false positive, acting quickly to request a confirmatory test and provide documentation is critical. For those struggling with substance use, a failed test can be a catalyst for seeking help through company EAPs or other treatment programs [1.3.5].
For more information on federally regulated testing, you can visit the FMCSA Drug & Alcohol Clearinghouse.
