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Need to dispute a drug test

Holbrook, NY |

I am a CDL driver who takes random drug tests all the time. I have always come up clean, I got into an accident last week and was sent for a drug test. It came back positive for cocaine, which I do not do. I was on antibiotics at the time and I know they sometimes cause a false positive. I have a script for the antibiotics. I was terminated from my job and am being forced into a drug safety course in order to be able to get back my CDL. How can I go about disputing this drug test? I didn't do any cocaine. I want to go about getting my job back

Attorney Answers 3


Do you know whether the testing laboratory saved a sample to be re-tested? Since it seems you are trying to dispute the drug test with your employer, I would suggest you speak to an employment lawyer who has some experience in this area.

I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 17 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.

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You need to obtain a copy of the report ASAP as well as submit yourself to your own medical testing (blood, urine, hair, etc) for evidence of no substance. Also, they usually take 2 samples at the same time you need to secure that and have it tested by your own lab.

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Attorney Palumbo is correct. There should beo samples - an "A" and a "B" sample. Speak with an attorney and arrange to retain him or her to assist you in accessing the samples to do your own testing of those samples. In addition, by now you should have your own test competed so that it may be compared to the subject samples.

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