False Positives & Your Rights: What to Do When Drug Tests Get It Wrong⚖️🧪

Nov 01, 2024

In recovery, a person often works to rebuild trust—not just with family and friends but also within their community. However, misunderstandings and misidentifications can happen, and it’s not uncommon for us at Asana Recovery to see patients who have had run-ins with the law.

Situations involving inaccurate drug tests, like false positives, can be especially difficult, as they can bring unwarranted scrutiny and unnecessary stress.

Recently, a video from the NACDL (National Association of Criminal Defense Lawyers) YouTube Channel highlighted an incident in Georgia where an innocent couple was nearly arrested because a field test mistakenly identified a sugar substitute as amphetamines.

Thankfully, a diligent sergeant went the extra mile to confirm the substance, ultimately leading to the couple's release. This case is a reminder of the inaccuracies in field drug testing and the importance of knowing your rights.

Building Awareness and Knowing Your Rights

For those in recovery, especially, it’s essential to be prepared for potential situations involving law enforcement and field drug tests. Here’s what to know:

1. Understanding Field Drug Tests

Field tests are not always accurate: Quick field drug tests are often used by law enforcement for immediate results, but they can produce false positives for common household substances, food items, and legal medications.
How a false positive can affect you: A mistaken test result can lead to unwarranted legal complications, potentially damaging your progress in recovery and disrupting family or work life. Being aware of this risk can help you stay calm and assert your rights if you ever face such a situation.

2. Know Your Rights

You have the right to request confirmation: If you know that a field test result is incorrect, calmly ask if the sample can be re-tested in a more reliable lab setting. Laboratory testing is generally more accurate and can often clear up false positives from quick field tests.
Stay calm and ask for a supervisor: If a field test result is questioned, you can ask for a supervisor to confirm the situation. In some cases, higher-ranking officers may take extra steps, as in the Georgia case, to ensure the accuracy of the test.
Exercise your right to remain silent and to legal representation: In any legal encounter, you have the right to remain silent beyond providing identification. If a situation escalates, it’s crucial to ask for a lawyer to avoid potential misunderstandings.

Trivia Question:

As of recent studies, which state has recorded the highest number of wrongful convictions in the U.S.?

How to Participate:

Email your answer to david@asanarecovery.com for a chance to win a $25 gift card! Choose between Uber, DoorDash, or Amazon. 🌟(only correct answers win🙈)

Highlight of the Week

This week, we’re thrilled to recognize Sandra Pohan for her exceptional dedication and warmth. As part of our patient intake process, one of the questions we ask is why clients choose Asana Recovery.

Recently, a new patient shared that Sandra’s kindness on the phone made all the difference in his decision to join us. Her genuine care and compassion shine through in every interaction, making each person feel valued and welcomed. Thank you, Sandra, for being such an incredible part of the Asana Recovery team!