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I was arrested for a under the influence charge but I was not on any illegal drugs but the police say they ran a urine drug test

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which showed up positive, which I know isn't true. They said they sent the urine to a lab and it shows 100% positive for methanphedime and 20% positive for anphethanphedine and I don't understand how that can be right, I have asthma real bad and use several kinds of medication for my asthma and was told it could be a false positive reading. I don't now how to find out if the numbers are correct, because how can it be 100% for 1 thing and 20% for another using the same urine sample

Attorney Answers 4


  1. Best answer

    Any type of substance testing mandates the use of a Review Officer, typically a doctor who will contact you upon request and question you regarding the use of various household substances which may contribute to a false positive, which is what you are describing.

    I would suggest that you demand such a review. In reality, at least for alcohol, there are hundreds of household items that people tend to use every day which can "skew" a test, i.e., cause a false positive. Asthma medications ofte contain ephidrine and various other products and molecules which can contribute t a false positive. Be sure to determine how many ng/ml, i.e., "nanograms per milliliter" your test revealed. there are threshholds, and if you are close to the threshhold then you stand a better chance of demponstrating a false positive. If, on he other hand, your urinalysis reveals you are multiples above the threshhold then you stand far less chance of beating this false positive.

    Very best of luck to you sand very best regards,

    Attorney Patrick M. Buchanan (760) 637-0479


  2. I'm not sure who "they" is that gave you this information, but something is confusing here. It is possible that the medications you are taking for your asthma could show up as "false positives." You should have an attorney assist you with this situation. He/she can have the urine sample retested by your own lab to verify or dispute the results, or otherwise explain the findings of the prosecution's analysis, and help you through the legal process.


  3. You're going to need an attorney to help you with this. If you can't afford a private attorney, you can apply for a public defender. Your attorney can get the judge to sign an order for an independent lab to retest your urine. Best of luck.

    Jasen Nielsen


  4. You need to get a retest, and you need to have someone explain the retest results to you.

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