Can You Apply Again After Failing a Drug Test

Nothing is more stressful than a surprise drug test at piece of work – especially if you retrieve you might fail. A failed drug test could result in serious consequences. Even the embarrassment of declining the test is enough to make anyone nervous.

Furthermore, in some cases, a failed drug test indicates that y'all broke the law. Will you have to worry about the law showing up at your door with your exam results and handcuffs?

The short answer is probably not.

If You're Not Already in Legal Problem, You're Probably Okay

If you're already in legal trouble when you accept the test, you're more probable to face some serious consequences for having controlled substances in your system.

Otherwise, the police force aren't going to waste the resources it would accept to raid your office and take away anybody that failed their drug exam.

Are Employers Required to Give Drug Tests in Texas?

Texas police force really doesn't address drug testing specifically in a private visitor. Testing is at your employer'south discretion. The police force does say that only time an employer cannot drug exam y'all is when they are doing and then in a discriminatory fashion.

Publicly sharing the results of a drug test, or conducting the drug test in an inappropriate mode, are also unlawful.

If you are applying for a federal task within the state of Texas, you lot may be required to have a drug test. This isn't due to Texas laws, though. It's Federal law that requires some agencies to drug exam potential or current employees.

Declining a Pre-Employment Drug Test in Texas

It'south a simple fact. Some companies use drug tests as a part of their hiring process. So what happens if y'all do fail your test?

Number one, you can probably count on not getting the job. In the wide majority of cases, at that place is no "number two" afterwards that. Companies aren't going to take any farther action and tattle on you. They've got other things to worry about.

What if you're already working, though? Could y'all get fired?

Failing a Drug Exam While Employed in Texas

Declining a random drug test may get in the way of holding onto your position, but actually…not e'er. Employers have specific policies regarding what happens afterwards a failed drug examination. They may also brand decisions on a example-past-case ground.

You may lose your job. Or, your employer may require you to have a 2d test so you can prove that you lot cleaned up your human action.

Other employers will subject the employee to an education or rehab program with a deadline. If the employee can't consummate the programme and stay make clean afterwards that, then they volition be let get.

Again, your employer is unlikely to take legal activity against employees (or erstwhile employees) who have failed a drug test. Some companies could fifty-fifty face legal consequences for breaching an employee's privacy and reporting them.

Talk to your employer nearly policies that they take regarding drug testing and consequences for drug testing. It's all-time to be prepared, specially if the visitor decides to randomly examination its employees.

When Failing a Drug Test in Texas Will Have Legal Consequences

If you lot are currently on probation, yous should be more worried nearly declining a drug examination. Judges may require offenders to submit to drug testing throughout the course of their sentences. Declining the test could eventually mean that you get back to prison.

Not even this is a difficult-and-fast dominion, all the same. The first time you fail a drug test on probation, y'all will probably get hit with a alert.

Your probation officer volition get into more detail almost when your next drug exam will be and what might happen if you fail. Repeatedly failing a drug exam, though, could exist grounds for probation violation charges and potentially going dorsum to prison.

If You Are Caught Selling or Moving Drugs, You Will Confront Legal Consequences

Information technology's worth repeating: If you are caught selling or moving drugs, you will confront legal consequences. Declining a drug test simply indicates that you lot consumed, and at i indicate possessed drugs.

Go caught selling or trafficking drugs, though, and you will become back to jail. Even if you are not defenseless with large quantities of drugs, you lot could exist charged with trafficking which nearly e'er ends in a jail judgement.

All Drug Charges Are Serious in Texas

It is normal to exist worried about drug charges. Texas is behind the increasing number of states in the land that take legalized marijuana for recreational or medicinal use. (CBD oil is legal, but not THC oil.)

Furthermore, penalties for other drug crimes tin exist pretty harsh and go beyond jail time, probation, or fines, in this state.

If y'all are convicted of drug crimes in Texas, yous may have a difficult time getting a loan or getting an apartment. Y'all may have to report this on an employment application and be rejected before the employer can even drug test y'all, likewise.

Facing drug criminal offense charges? Fight back. Talk to a Texas defense lawyer to build a solid defense strategy and avert the long-lasting penalties of a drug crime conviction.

About the Writer:

After getting his Juris Doctor from the University of Houston Constabulary Centre, Jeff Hampton began practicing criminal police in Texas in 2005. Before becoming a defense chaser, he worked every bit a prosecutor for the Tarrant County Commune Attorney's Office – an experience he uses to anticipate and cast dubiousness on the arguments that will be used against his clients. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. His skill has earned him recognition from the National Trial Lawyers (Tiptop 100 Trial Lawyers) and Avvo (Tiptop Attorney in Criminal Defense, Superlative Chaser in DUI & DWI, 10/ten Superb Rating), and he is Atomic number 82 Counsel rated.

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Source: https://www.criminalattorneyfortworthtx.com/you-failed-a-drug-test-at-your-tx-workplace-will-you-be-charged/

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