In this guide, we will highlight the consequences of failing a drug test under different situations and laws.
The following is a detailed list of different scenarios and their respective impacts on failing a drug test.
What Happens If You Fail A Drug Test For A Job
Anyone can get anxious about his pre-employment drug test since it is something crucial that will affect your career. Unfortunately, if you fail a pre-employment drug test, the company is not going to hire you.
Does A Company Call You After Failing The Test?
It is one of the frequently asked queries that we found pertaining to the pre-employment drug test.
Yes, you might be contacted by the Medical Review Officer on failing the test. Either, the MRO will approach you directly or via the company.
Does A Failed Test Stay On Your Record While Applying To The Job?
Your failed test will not be exposed to the public record where other companies can know about it. However, it is possible for the company that tested you may keep the results in their history if you reapply over there.
In the case of jobs related to the Department of Transportation, the department owns permission to inquire the candidate's former DOT companies about previously taken drug tests.
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Is There Any Chance To Get Hired After Failing The Test?
If a company is concerned about your drug test, it means the results are important for them. Considering this, your chances of being hired after failing the test are significantly less.
Still, many people get a job even after failing the test. If you are well-competent in a position that is not easy to find, then you may likely have the job.
You can also ask the company to reconsider your application and retake the test after some time. If the company agrees upon it and you are lucky enough, you may get hired on the second attempt.
What Is Better: Either To Fail The Test Or To Go For The Refusal?
In both cases, either you fail the test or deny to undergo a drug test, it is doubtful that you will have the job. If you are sure that you will fail the test, you can think about refusing the test as it will save your and company's time.
However, it is something that entirely depends on your choice.
You do not have to face any legal trouble at your pre-employment stage since the company will not send the report to the authorities.
What Happens If You Fail A Drug Test At Work
If you fail a drug test under this scenario, you may get fired instantly. However, there is a ray of hope if you are a hardworking and reliable employee serving the company for quite a good time.
On the other side, some companies do not fire their employees instantly; rather, they prefer giving second chances. If you are working in one of such companies, you can be hopeful regarding your job post after failing the test.
To secure your position in the company after failing the drug test, you can try a few things by convincing your employer. You can clarify to them that you are not a frequent consumer of marijuana as well as you are ready to retake the test.
This simply means that you need to get rid of all the drugs before retaking the test. Besides, you can consult your supervisors and HR to explain the entire situation and discuss how they can help you in this regard.
After Failing The Drug Test At Work, Does It Stay On Your Record?
Your failed test will only stay on your record if the Department of Transportation is involved. In other common cases, the result will not appear on your record.
If you are concerned about unemployment after failing the test, you need to talk to the state's advocate since the regulations fluctuate from state to state.
What Happens If You Fail A Workers Compensation Drug Test?
A workers' compensation system is designed to benefit employees if they get hurt or injured at work. This system provides lost wages and medical assistance to the employees in case of an accident.
A failed drug test can somehow affect your eligibility for workers' compensation assistance. Being said that, if your drug use is responsible for causing an injury or damage to your health at work, you may not be considered eligible for benefits associated with the workers' compensation system.
However, only those injuries and deaths are considered out of the workers' compensation system caused by drug use.
Even if you fail the drug test after an accident that was not caused by drugs, you are qualified for worker compensation aid.
What Happens If You Fail A Department Of Transportation Drug Test?
The government controls a DOT drug test; however, the consequences of failing a DOT drug test vary by a company's rules or employment agreement.
Usually, it happens that the DOT regulations instruct to remove any employee that fails the test.
One has to complete the Substance Abuse Program to recover his job in DOT. Following are the steps that come under this program:
With the help of a therapist, the driver will take a drug treatment program that also includes counseling, which should be completed. Then, the employee has to take DOT Return to Duty test, and he may also need to go for random tests, which will be followed up by the department. The therapist can advise any test or treatment for the next five years.
Once you have cleared the test after Return to Duty policy, you can continue your job. However, keep in mind that you might be subject to random testing.
What Happens If You Fail A Drug Test On Probation
Unfortunately, the consequences of failing a drug test on probation become more rigid, which depends on the laws of the particular region, on the probation officer involved and how many times a person had failed tests before.
For the first time, you may only receive a warning if your probation officer shows some leniency. Whereas if you fail the test for the second time, the consequences become more severe, including extended or altered probation, rehabilitation, and huge fines.
Will They Contact You For Failing The Test On Probation?
In most cases, the test is being taken at the probation office, and if you fail the test, the authorities will get in touch with you. While in other cases, you will be taken to the lab to perform the test and then your probation officer will approach you with the results. In both cases, you are likely to get arrested.
And if you pass the test, you are not going to hear about it.
Is There Any Chance To Go On Jail For Failing A Drug Test On Probation?
The risks of going to jail after failing the test on probation are high. However, if the judge is kind enough, he may warn you for the first time.
In another case, if the judge is not in the mood to show any mercy, you may end up going to jail. As well, your probation may get canceled.
Remember that your failed drug test will appear on your record, so if you fail the test twice, the judge will know about it.
What happens if you fail a drug test while on probation for DUI?
In this case, your probation officer can get sterner, and you may need to face drug testing more often.
In a nutshell, failing a drug test on probation is associated with elevated risks. You may need to face substantial legal consequences, so be extra careful if you are on your probation period. In most cases, the probation period is extended after failing a drug test.
Consequences Of Failing A Drug Test In Military Services
What Happens If You Fail A Military Drug Test At MEPS?
If you fail the military drug test at MEPS, you must wait for 90 days before reapplying, following the discretion of the specific branch of the military. However, it is not sure that the army permits anyone to reapply who has failed the drug test.
The majority of the applicants pass the drug test for the first time; therefore, there should be a definite reason to consider someone for another test.
However, failing the military drug test for more than one time leads to the permanent ineligibility for any military branch of the U.S.
What Happens If You Fail A Military Drug Test In The Navy?
Armed services members are likely to undergo a military drug test after they return from holiday. A failed military drug test can undoubtedly affect your career and can result in court-martial charges.
Besides, the consequences of failing a military drug test can change depending on your particular rank, service, and the type of drug consumed. However, a person charged positive for marijuana is likely to confront non-judicial punishment under Article 15 and discharge.
It does not depict a failed drug test means that your military career is over. You have the chance to secure your career by employing certain rights and options, which may include: You can request and prove to your chain of command that you used drugs for the first time, and you will not repeat the mistake.
Or in another case, if you think you have accidentally taken the drug, you can defend yourself by claiming innocent ingestion. Innocent ingestion refers to something that is being consumed without knowing that it contained a drug.
You need to consult a proficient military advocate to secure your military career after failing a drug test in any of the cases.
What Happens If You Fail A Military Drug Test At Basic Training?
If you fail a drug test in basic training, you will be discharged from the services and will not be able to join again; whether it is Air Force, Air Force Reserves, of the Air National Guard.
If anyone has taken the drug prescribed to him for medical treatment, it should be reported in his medical record.
Moreover, there might be a few chances to join other military branches even after failing the test, if they permit you a waiver after waiting for a specific time.
What Happens If You Fail A Drug Test On Diversion?
If you fail a drug test on diversion, you will be punished for the DUII charge.
You will be imprisoned for at least two days, and you may need to pay a huge amount of fine. Possibly, your driver's license could also suspend for a year.
However, if you complete your diversion program, your imprisonment can be canceled, and you may not need to face any additional fines, suspension, or conviction. But, it is mandatory to follow all the rules of the diversion program to complete it successfully.
What Happens If You Fail A Court-Ordered Drug Test
The severity of failing a court-ordered test depends on the particular situation. Generally, the mandate is expected to long for one year, and you might undergo drug testing once or twice a month.
People on probation are mostly directed to undergo a drug test. We already explained the severity of this situation above.
Apart from probation, parents convicted of drug abuse problems are also likely to undergo court-ordered drug tests.
Whatever the reason could be, you might be sent to jail for some time and obliged to pay a fine. Besides, the court can order drug tests again without giving a warning.
What Happens If You Fail A Drug Test On Pretrial Release?
If you fail a drug test on pretrial release, your bond will be canceled while you end up going to jail until the case is entirely resolved.
To save yourself from any trouble, it is advised not to do anything once you are out of jail that could affect your release while you are on bond.
For example, you should not take illegal drugs while on the bond conditions of pretrial release.
What Happens If You Fail A Drug Test At School
Schools perform drug tests to protect the future of the students involved in drug use and help them stay drug-free.
The schools' policies vary in regards to drug use; knowing this, school response towards failed drug tests might change.
If your teen fails a drug test at school, the institution's response depends on the student's situation.
Whereas, if the student is not much addicted to the drug, the school may recommend counseling and follow-up testing. On the other hand, if the student has reached the advanced stage of addiction, the school might refer him to drug treatment programs.
What Happens If You Fail A Drug Test On Disability
The outcome of failing a drug test on disability can affect the benefits you receive from the social security disability benefits program.
So if you are found involved in drug use, you may face legal trouble, and your claim for receiving benefits could be rejected.
What Happens If You Fail A Drug Test In Sports
In this situation, you might be either suspended or disqualified for sports after failing the drug test. The suspension period depends on what drug is being diagnosed and how many times you have failed the test previously.
What Happens If You Fail A Drug Test But Have A Prescription
Generally, a candidate or employee cannot be rejected or terminated if he takes legally prescribed drugs. As long as your prescribed medication doesn't bring any harm to your job, you do not need to be anxious if your test comes positive.
The Medical Review officer will ask you to provide evidence of a legal prescription for a medical condition. If you successfully provide the evidence, the MRO will not mark your test positive, affecting your job.
On the contrary, if you cannot provide evidence of your prescribed drug use, the MRO will mark your test positive and then affect your job.