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DEA Attorneys Explain How Drug Testing Can Impact Your Criminal Case

If you’ve been arrested on drug charges, one of the most important things to understand is how drug testing can affect your case. Drug testing is a common tool used by law enforcement and prosecutors, and the results can make or break a criminal drug case. To help explain how it works, we spoke with several attorneys who regularly handle federal drug cases for some insight.

The Role of Drug Testing in Criminal Cases

Drug testing is used in criminal cases for a few key reasons according to Frank Smith, a former DEA attorney now in private practice. “First, during the investigation stage, drug tests can help establish probable cause for an arrest or search warrant. If traces of illegal drugs are found on a suspect or in their home, it’s evidence that criminal activity is afoot,” he said. “Second, prosecutors rely on drug test results to prove the substances seized were in fact illegal drugs. Chemical analysis identifies what the seized material actually is.”

For example, if someone is arrested with a white powder, tests can confirm whether it is cocaine, methamphetamine, or something else. Finally, drug testing is used to undermine suspects’ credibility and truthfulness. As attorney Amanda Jones explained, “If a suspect claims they don’t use drugs or weren’t involved in drug activity, yet their hair or urine test comes back positive, it pokes holes in their defense.”

Types of Drug Tests Used

There are a few main types of drug tests prosecutors use in criminal cases:

Urine tests – These detect drugs and metabolites that are filtered out of the body through urine. They can detect recent drug use going back several days.
Hair tests – Hair tests analyze drug residues trapped within someone’s hair, giving several months of history of drug use. These are common in federal cases.
Blood tests – A blood draw can also detect drugs and metabolites present in someone’s bloodstream from recent use.
Residue tests – Swabs and material samples can be analyzed for traces of drugs left behind.

As attorney Frank Smith commented, “Hair and urine are common because they provide a longer window of detection. Blood and residue tests reveal only very recent use, but are helpful for probable cause.”

Challenging Drug Test Results

So what if you believe the drug testing in your case is inaccurate or the results are wrong? Is there any way to challenge positive drug tests?

“Yes, absolutely,” said Amanda Jones. “No drug test is foolproof, and there are plenty of ways we can contest bad results.”

Some methods of challenging drug tests include:

Questioning the chain of custody – If protocols weren’t followed for handling samples, it raises doubts about the integrity of the results.
Disputing false positives – No test is 100% accurate, and it’s possible for legal substances to cause false positives.
Arguing against hair testing – Hair tests can detect drug use from months ago, which may be irrelevant to the current case.
Pointing to sloppy lab procedures – Shoddy or unreliable testing procedures bring the results into question.

“In one federal case, we argued that the hair test results were meaningless because hair color treatments and other cosmetic procedures can lead to contamination,” Jones said. “We were able to exclude the hair evidence and get an acquittal.”

Using Drug Tests to Your Advantage

While positive drug tests are incriminating, negative test results can also help your case. As Frank Smith explained, “If your client tests negative across the board, it supports arguments that they are not drug users or involved in trafficking.”

Drug tests that corroborate a suspect or defendant’s claims of innocence can be incredibly valuable. “We had a client accused of selling heroin – but his urine was clean so we argued there was no evidence he ever handled the drugs”, Smith recalled. “Unless the prosecutors have other strong proof, clean tests create plenty of reasonable doubt.”

Voluntarily submitting to testing can also demonstrate cooperation and transparency. “Offering to do a drug test shows you have nothing to hide. Prosecutors may see it as a sign of good faith,” said Jones.

The Impact of Drug Tests on Plea Deals and Sentencing

The results of drug tests can also influence plea negotiations and sentencing outcomes if your case does go to trial. As Smith commented, “Positive drug tests make prosecutors less likely to offer a lenient plea deal or reduced charges. They’ll perceive the suspect as unsympathetic and more likely to offend again.”

However, he added that defense attorneys can still argue for compassion. “A positive test doesn’t automatically mean you’ll get the book thrown at you. We look at the person’s unique circumstances and make a case for mercy.”

Jones also noted that judges have leeway to consider drug dependence as a mitigating factor. “We’ve had cases where the judge ordered mandatory drug treatment instead of harsh prison time, even with positive tests,” she said. “But you have to present a compelling case for why treatment is preferable to incarceration.”

Tips for Avoiding Issues Related to Drug Testing

To limit the risks and headaches drug testing can cause, defense attorneys had some suggestions:

Never consent to an on-the-spot drug test without speaking to a lawyer first.
Be truthful with your lawyer about any drug use upfront so they can prepare a defense strategy.
Follow your lawyer’s advice about whether to submit to voluntary testing.
Don’t try to tamper with or adulterate any court-ordered drug tests.
Work closely with your lawyer to examine the drug testing methods used and look for any flaws.
Make positive life changes and seek treatment prior to sentencing to show rehabilitation.

“The most important thing is being honest and cooperative with your attorney so they can protect your rights. Never try to beat a drug test on your own or lie about use,” cautioned Smith.

Takeaways on Drug Testing in Criminal Cases

To summarize the key points on drug testing:

Prosecutors rely heavily on drug tests to establish evidence of drug crimes.
Urine, hair, blood, and residue tests can all be used, with urine and hair being most common.
Defense lawyers can often contest the validity and relevance of positive drug tests.
Negative drug tests can be favorable for the defense.
Drug test results may impact plea negotiations and sentencing outcomes.
Being truthful with your lawyer about drug use is crucial.

While drug testing can feel invasive and intimidating, working closely with an experienced defense lawyer can help minimize the impact on your case. Be upfront about your history, follow your lawyer’s strategic advice, and look for ways to use the drug test results to your advantage.