Yes, the prosecution can decide to charge you with possession if you fail a drug test in California. However, getting charged with a crime and failing a drug test does not automatically result in a conviction, according to decisions made by other courts around the country.
You could face other charges for failing a drug test, though, including charges for being under the influence of a substance. Additionally, failing a drug test can have serious legal repercussions if you’re on probation.
You can learn more about the potential effects of a failed drug test with a Los Angeles drug crimes lawyer. An attorney can also immediately get to work on your defense.
Can You Be Charged with Possession for Failing a Drug Test?
The prosecution gets to decide what charges you face after an arrest by the police, and they may choose to charge you under California Health and Safety Code Section 11350(a) HS: Possession of a Controlled Substance. They could do this if you fail a drug test in some situations.
However, charges for drug possession based solely on a failed drug test often do not hold up in court. For example, the Ohio Supreme Court decided that individuals cannot face a conviction for drug possession due to drug testing results alone because these results fail to establish venue, an important part of the legal process.
So, if the prosecution charges you with drug possession after you fail a drug test, it’s crucial that you contact a criminal defense lawyer to start working on a defense to stand up to these allegations.
Other Evidence Could Contribute to Possession Charges
A failed drug test alone generally will not result in a drug possession conviction. However, the prosecution may claim to have other forms of evidence, including statements from the police, to strengthen their charges.
An attorney can step in and assess this evidence. In some cases, a defense lawyer can get the court to block or dismiss evidence, especially if the police obtained it by violating your rights. Blocking the prosecution’s evidence can weaken their case and help you avoid a conviction.
For a free legal consultation, call (310) 896-2723
Can You Face Other Charges for Failing a Drug Test?
In some situations, you could face criminal charges for crimes like California Health and Safety Code Section 11550 HS: Under the Influence of a Substance if you fail a drug test. For example, the police could request that you complete a drug test if they have reason to believe you used an illicit substance, such as:
- Methamphetamine
- Heroin
- Cocaine
In this case, failing a drug test could result in HSC 11550 charges. The court treats it as a misdemeanor-level offense, and a conviction can result in fines and time in county jail. An attorney can help you handle these charges and explain the steps you need to take after an arrest.
Drugged Driving Charges and Drug Tests
You can face other criminal charges if the police accuse you of operating a vehicle under the influence of drugs and you fail the drug test they request. When that happens, the prosecution could charge you under California Vehicle Code Section 23152(f): Driving Under the Influence of Drugs.
VS 23152(f) violations can result in misdemeanor or felony charges, potentially resulting in severe penalties.
Can Failing a Drug Test Affect Your Probation?
Failing a drug test can represent a probation violation. In many cases, the court will order individuals to abstain from using illicit substances while on probation, so failing a drug test can automatically count as a violation.
Probation violations in California can have major legal consequences. For example, the court may decide to add harsher terms to your probation, extend your period of probation, or even revoke probation and order a jail sentence for a violation.
Fortunately, a criminal defense attorney can help you if the police accuse you of violating the terms of your probation.
Can You Just Refuse a Drug Test on Probation?
Generally, the court includes an order to complete any drug testing mandated by the police as part of an individual’s probation. Therefore, refusing a drug test will likely represent a probation violation all on its own. An attorney can explain all of the terms of your probation so that you understand the requirements handed down by the legal system.
Learn More About the Effects of Failing a Drug Test
So, can you be charged with possession if you fail a drug test? The prosecution in California can choose to accuse you of drug possession, yes, but courts have refused to convict based solely on the results of a drug test in the past.
You could, however, face other legal challenges after a failed drug test. Fortunately, the team at Simmrin Law Group can help you handle these accusations. Let us use our decades of legal experience to develop your defense. Reach out to us now to learn more.
Call or text (310) 896-2723 or complete a Free Case Evaluation form