Drug tests are a fact of life for many people in New Jersey. Whether it’s an employer looking to administer company policy or law enforcement enforcing a court order, you may be required to take a drug test. Moreover, the consequences of failing a drug test could be dire. Depending on your precise circumstances, you could find yourself out of a job or even behind bars. That’s why it is important for you to have a full understanding of your legal rights before you make any decisions related to a drug test. Don’t hesitate to talk to a qualified attorney who has your best interests in mind.
Additionally, you should know that drug testing may also include alcohol testing. Even a few drinks before going to the office, or before taking a drug test for a probation officer, could have disastrous consequences.
Here are a few of the times a person may be asked to take a drug test in New Jersey:
1. Drug Testing When Applying for a Job
Depending on the type of work you are looking to do, your employer may ask you to take a drug test. This is becoming more and more common among private employers in NJ, especially when they are making final decisions about which applicants to hire. In fact, some types of employment require drug testing, such as truck driving, mass transit, and other types of transportation work. This is because the general public’s health and safety is considered paramount – even when a worker’s right to privacy might be affected.
Being able to pass your drug test could make all the difference when it comes to your job application, so make sure that you know and understand your rights.
2. Drug Testing Current Employees
Even if you already have a job, it’s possible that your employer may schedule random drug tests. Failing a drug test could lead to your dismissal from the job. This is especially true in safety-sensitive government jobs.
3. Drug Testing to Qualify for Workers’ Compensation
If you are injured in a workplace accident, it’s possible that you could be asked to take a drug test. In New Jersey, workers’ compensation can potentially be denied when an employee was intoxicated or high on a controlled dangerous substance (CDS) at the time of the accident.
4. Drug Testing While on Probation
If you were convicted of a crime in New Jersey and sentenced to probation, or if you received a conditional discharge that allowed you to stay out of jail, you will still have to meet certain requirements. One of these requirements is typically that you take random drug tests. Failing a test, or failing to show up for a test, could lead to you being sentenced to prison time.
If you face drug crime charges in Atlantic County, NJ, or if you have been asked to take a drug test and are unsure about your legal rights, you should speak with a qualified criminal defense lawyer. The experienced criminal defense attorneys at the Law Offices of John W. Tumelty can protect your rights. Contact us today to schedule a free initial consultation.