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Punishment for Falsifying Drug Test Results

Random drug testing is a highly-effective tool for court-ordered drug and alcohol treatment programs, especially when they’re conducted by caring, yet knowledgeable professionals. However, many drug and alcohol abusers will go to great lengths to get their “fix” and to avoid detection during random drug testing.

It’s nothing new – some criminal defendants will employ various tricks to help them pass the urine drug tests they are ordered to take. Since substance abusers can get very creative in the attempt to test clean, here are some of the common methods users have been known to use to produce a false negative:

  • Drinking a ton of water before taking the drug test. This is known as “flushing.”
  • Suddenly wanting to take B-2 and B-12 vitamins because they cause urine to turn yellow. After drinking loads of water, defendants will take these vitamins to cover up the fact that they’ve been flushing.
  • Taking Midol because it purges the body of revealing metabolites.
  • Drinking coffee, tea and taking other diuretics because they clear the body’s water and sodium; however, they aren’t as effective as Midol.
  • Taking aspirin 4 to 6 hours before a drug test.
  • Taking niacin to mask the drugs in one’s system.
  • Taking zinc to guide the metabolites out of the urinary tract and into the fecal tract.
  • Substituting a sample with a friend’s urine.

In Texas, the offense of falsifying a drug test is found under Section 481.133 of the Health and Safety Code. Under Sec. 481.133 it states: “A person commits an offense if the person knowingly uses or possesses with the intent to use any substance or device designed to falsify drug test results.” Depending on the facts of the case, an offense under this section is either a Class A or Class B misdemeanor offense.

A Class A misdemeanor is punishable by up to one year in jail and by a fine not to exceed $4,000, whereas a Class B misdemeanor is punishable by up to 180 days in jail, and by a fine not to exceed $2,000.

Facing drug-related charges? Contact us today to schedule a case evaluation with a Plano drug possession lawyer.