Is it Illegal to Cheat on a Drug Test?

 Posted on October 07, 2021 in Drug Charges

Drug tests are administered all the time, by employers and probation officers alike. Most people have had to take one at least once, whether to satisfy a potential employer’s policy or to satisfy a condition of parole after previous drug charges. Drug tests can be particularly frustrating for legal users of medicinal low-dose THC. For some people, it may be tempting to find a way to cheat the test. Unfortunately, in Texas, falsifying the results of a drug test may be a crime that could land you in jail - depending on how you go about faking the results. If you have been arrested for falsifying the results of a drug test, contacting an attorney should be your first priority.

When Is Falsifying the Results of a Drug Test a Crime?

Actually, it is not the act of falsifying the results (“cheating the test”) that is a crime under the drug test falsification statute. Instead, this statute actually criminalizes “knowingly or intentionally us[ing] or possesses[ing] with intent to use any substance or device designed to falsify drug test results.” It is also illegal to manufacture or deliver such a product.

What does this mean? In short, that falsifying the results of a drug test under this law becomes illegal when you use a device, such as a fake urine dispenser, or a substance, such as a “detox” drink, in an effort to cheat a drug test. Other means of attempting to fraudulently pass a drug test, such as by drinking large amounts of water, are not banned under this statute because water is not a substance designed to falsify drug test results. However, drinking a beverage deliberately designed to produce false-negative results on a drug test would be a crime under this law.

Other means of falsifying the results of a drug test may be illegal under other statutes and may be charged as different - sometimes more severe - crimes. Switching the labels on a urinalysis cup, for example, could be a form of fraud. If the drug test was being administered as a condition of parole or probation, anyone attempting to cheat the test is likely to find themselves charged with a parole or probation violation on top of any other charges.

Call a Collin County Criminal Defense Lawyer

If you have been charged with falsifying the results of a drug test or any related crime, you will need an experienced Frisco criminal defense attorney to minimize your risk of facing harsh penalties. Do not take unnecessary chances with your freedom and future when you are charged with a crime in Texas. Contact the Law Offices of Biederman & Burleson P.L.L.C. so we can begin planning your defense strategy. Call 469-333-3333 for a free consultation today.

Source:

https://casetext.com/statute/texas-codes/health-and-safety-code/title-6-food-drugs-alcohol-and-hazardous-substances/subtitle-c-substance-abuse-regulation-and-crimes/chapter-481-texas-controlled-substances-act/subchapter-d-offenses-and-penalties/section-481133-offense-falsification-of-drug-test-results#:~:text=Section%20481.133%20%2D%20Offense%3A%20Falsification%20Of%20Drug%20Test%20Results%20(a,to%20falsify%20drug%20test%20results