Can I Be Charged with a Crime for Faking a Drug Test?

In Texas, faking a drug test can lead to criminal charges and legal consequences. While the specific charges and penalties can vary depending on the circumstances, some common legal implications associated with faking a drug test in Texas may include:

Tampering with evidence

Under Texas law, faking a drug test can lead to charges of tampering with evidence. Tampering with evidence refers to altering, destroying, or concealing evidence with the intent to impair its availability in an official investigation or proceeding. Here is an overview of the potential penalties for tampering with evidence in Texas:

• Class C misdemeanor: Tampering with physical evidence, which is classified as a Class C misdemeanor, is generally punishable by a fine of up to $500.
• Class B misdemeanor: Tampering with evidence to impair its availability, use, or value, is classified as a Class B misdemeanor, punishable by fines of as much as $2,000, up to 180 days in county jail, or both.
• Class A misdemeanor: If the evidence tampering involves certain types of documents or records, it is a Class A misdemeanor with penalties including a fines of as much as $4,000, up to one year in county jail, or both.
• State jail felony: Tampering with evidence with the intent to impair its availability, use, or value can be charged as a state jail felony in Texas. The penalties may include 180 days to two years in a state jail facility and a fine of up to $10,000.
• Third-degree felony: Depending on the circumstances, tampering with evidence can be charged as a third-degree felony in Texas, and the penalties may include two to ten years in prison and a fine of up to $10,000.
• Second-degree felony: In particularly serious cases, tampering with evidence can be charged as a second-degree felony with penalties of two to 20 years in prison and a fine of up to $10,000.

Fraud and deception

Faking a drug test typically involves some form of fraud or deception, which can result in charges related to dishonesty or providing false information. Penalties for fraud and deception in Texas can include fines, imprisonment, restitution to victims, and other legal consequences. Here is a general overview:

• Misdemeanor fraud: Some forms of fraud and deception may be classified as Class A, Class B, or Class C misdemeanors, with penalties ranging from fines of up to $4,000 and up to one year in county jail.
• State jail felony: Certain forms of fraud and deception can result in charges of a state jail felony with penalties of 180 days to two years in a state jail facility and a fine of up to $10,000.
• Third-degree felony: Under more serious circumstances, fraud and deception can be charged as third-degree felonies with penalties of two to ten years in prison and fines of up to $10,000.
• Second-degree felony: In severe cases of fraud or deception, a second-degree felony may be charged, incurring penalties of two to 20 years in prison and fines of up to $10,000.
• First-degree felony: The most serious cases of fraud and deception may result in charges of a first-degree felony with penalties of five to 99 years or life in prison and fines of up to $10,000.
• Restitution: In addition to fines and imprisonment, individuals convicted of fraud and deception offenses may be ordered to pay restitution to compensate victims for financial losses incurred due to the fraud.

Employment consequences for faking a Killeen drug test

If the drug test is related to employment, attempting to fake a drug test can result in termination and harm future job prospects, as employers often share information about dishonesty during the hiring process. The specific employment consequences for faking a drug test may include:

• Termination: If an employee is caught attempting to fake a drug test, it can result in immediate termination of employment.
• Loss of job opportunities: Faking a drug test can lead to a termination that may be noted on the employee’s work record, which can make it more challenging to secure future job opportunities.
• Damaged reputation: Being caught faking a drug test can harm an individual’s reputation in their industry or field.
• Loss of benefits: Employees who faked drug tests to retain or obtain specific benefits, such as workers’ compensation or disability benefits, may lose them if their actions are discovered.

Criminal record for faking a Killeen drug test

Conviction for charges related to faking a drug test can result in a criminal record, which may have long-term consequences. The length of time a conviction remains on a criminal record can vary depending on the type of offense and the specific circumstances. Texas law differentiates between different types of offenses, and the waiting periods for record expungement or non-disclosure can differ. However, not all convictions are eligible for expungement or non-disclosure, and eligibility depends on various factors, including the specific offense, the outcome of the case, and whether probation or deferred adjudication was completed successfully.

Civil penalties for faking a drug test in Killeen, TX

Texas has laws that allow employers or testing facilities to pursue civil penalties against individuals who attempt to deceive drug tests. However, the ability to pursue civil penalties will depend on the specific circumstances, contractual agreements, employer policies, and testing facility agreements. In some cases, employers or testing facilities may choose to pursue legal action against individuals who attempt to fake a drug test, seeking damages or restitution through civil lawsuits.

Faking a drug test can have serious legal repercussions, and seeking legal counsel is often a wise course of action if you find yourself in such a situation. If you have concerns about a specific situation involving a drug test or its results in Texas, it is advisable to consult with a criminal defense attorney who can provide guidance based on the laws and regulations in Texas and the details of your case.

The Killeen criminal defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers have been dedicated to protecting the rights of Texans for decades. We will fight to keep your record and your reputation clear. Call us today in Killeen or Copperas Cove or fill out our contact form. We are ready to help. We also help folks in Belton, Harker Heights, Waco, Williamson County, Bell County, Coryell County, and McLennan County.