Can you be arrested for failing a drug test?

Drug testing has become much more commonplace both in Wheeling and throughout the rest of the country. Public and private employers alike may use during the candidate screening process. Amateur and professional sporting and activity associations may rely on it to determine participant eligibility. If you are on parole or probation, you could be required to submit to it as condition of your release. No matter the circumstances requiring you to be drug tested, you may share the same question that many others have: can you be arrested for failing such a test? 

The answer to that question likely depends on the situation. If repeated drug testing is a requirement of your probation or parole, and you fail a test, then yes, you may be incarcerated (even if the offense you were convicted or accused of is not related to drug use or possession). In this scenario, however, it would have likely been explained to you prior to your being released that a failed drug test would probably result in you being arrested again. So in this case, it might not come as much of a shock. 

Yet what if you fail a drug administered by a private party? A failed pre-employment drug screening would most likely result in you not getting the job you are pursuing. If the test was given to determine your availability to participate in a sporting event, then failing would probably make you ineligible to compete. However, in both cases, the repercussions would likely stop there. The West Virginia Safer Workplaces Act requires that all information an employer gains from a drug test is to remain confidential. Thus, a company cannot report to law enforcement authorities that you failed its drug test. 


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