Is there a way to prove I didnt use a drug when the blood test was positive? 46 Answers as of June 26, 2013

I need to know if there is a way I can prove that I did not use Nubain when the bood test was positive. I think I was the scapegoat of an investigation. I need help. I was a nurse and lost my license. The blood sample was not sealed in my presence as I know is required wit urine testing. Any help is greatly apprcciated.

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
I have never heard of such a requirement. Depending on when the blood test was given, I suspect it is probably too late. However, I am dealing with very limited facts, and different attorneys have different opinions.
Answer Applies to: Missouri
Replied: 8/1/2011
Bloom Legal, LLC
Bloom Legal, LLC | Seth J. Bloom
This sounds like a complicated legal matter. You should consult directly with a criminal defense attorney in your local area who will be able to advise you as far as how to proceed if you are facing criminal charges. If you are seeking representation in an employment dispute then seek out an attorney who practices in that area. If you are seeking legal representation in this matter in Louisiana,
Answer Applies to: Louisiana
Replied: 7/30/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You can have the sample requested by a private lab that you or your attorney hires to do a retesting.
Answer Applies to: California
Replied: 7/30/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Yes, get a hair follicle test.
Answer Applies to: Michigan
Replied: 7/29/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You need an attorney that is familiar with this type of hearing and the appeals process sometimes the test results are inaccurate.
    Answer Applies to: Michigan
    Replied: 7/29/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry The short answer is: hire an attorney to represent you and investigate this issue. If correct, then your concerns may lead to suppression of the evidence which could then lead to dismissal of the case against you. You may contact my office for an appointment. I hope that this was helpful
    Answer Applies to: Michigan
    Replied: 7/29/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You may try to see if you can do a hair follicle test if too much time has not passed.
    Answer Applies to: Alabama
    Replied: 7/28/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You should hire an attorney to challenge the drug testing procedure as not being done properly especially since the sample was not sealed in your presence.
    Answer Applies to: New York
    Replied: 7/28/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Is there a way to prove I didn't use a drug when the blood test was positive?
    Answer Applies to: New York
    Replied: 6/26/2013
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    You have a couple of options: 1.Request that the sample be retested and ask for verification that it was really your specimen. (simple dna or blood matching) 2. Require a chain of evidence affidavit to verify that it was not sealed in your presence and to determine if there was a chance that it could have been tampered with.I am not familiar with Nubain, do you know how long it stays in the system?If it is a short time, a follow up blood test would not be effective.However, a hair test may be effective to prove that you do not use drugs.All this is based on the premise that you would have no restricted substances in your system.You should have the right to challenge the suspension of your license in administrative hearings and the above may be of help in that process. Good Luck
    Answer Applies to: Utah
    Replied: 7/28/2011
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    You should have the ability to have an independent test of your blood conducted. If the test was done simply for an Illinois Department of Professional and Financial Regulation complaint regarding your license, there are a variety of ways to contest the results and protect your license. An attorney versed in that area of practice can advise you. If the test was done in conjunction with a criminal charge, there are a number of legal ways to challenge the blood results. A criminal attorney can help.
    Answer Applies to: Illinois
    Replied: 7/28/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You may be able to disprove the result with a hair follicle test? A lot will depend on when it was alleged to have occurred. I would have to research if "Nubain" would turn up in a hair test. My guess is this is your only hope.
    Answer Applies to: Nebraska
    Replied: 7/28/2011
    Atlanta Trial Lawyers Group
    Atlanta Trial Lawyers Group | James R. Haug
    Were you arrested? If so, the evidence may be suppressed. If you were fired, you may have a civil cause of action. You should consider paying for your own test.
    Answer Applies to: Georgia
    Replied: 7/28/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you retain a criminal attorney as soon as possible to discuss your rights and options, including a potential re-testing or new test. Good luck.
    Answer Applies to: Georgia
    Replied: 7/28/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    You will need an expert to identify causes of false positives and hire an attorney to attack the chain of custody, collection procedures, and testing process.
    Answer Applies to: Louisiana
    Replied: 7/28/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Hire a good lawyer in Employment Law. Retesting is a possibility. They should have half of the original sample left. Hair testing may also be a possibility.
    Answer Applies to: Tennessee
    Replied: 7/28/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Probably the best way would have been to have an independent blood test done at the same time.You may wish to have the lab results reviewed by a toxicologist and/or review the lab testing procedure. There is always a question of whether the sample was contaminated. An attorney may be able to assist you in this matter.
    Answer Applies to: Michigan
    Replied: 7/28/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on the drug and what drug metabolites were being tested. There may be other potential causes fro a positive test depending on the method of testing used.
    Answer Applies to: Minnesota
    Replied: 7/28/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    I do not know how long ago this incident occurred, but if it was recent I would suggest another blood test by an independent lab in your area where the proper procedures were followed.
    Answer Applies to: Alabama
    Replied: 7/28/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Well, it might be too late for you to have your blood or urine retested at an independent facility of your own choosing, which would be the bestreal way. You didn't say how long it has been since your test by the authorities. You should have a hair follicle test done. I have helped several nurses with the Board and their license issues after a conviction. It can be done. You did not say whether there was a criminal case, or not. You also did not say what the terms of the license loss were, or if anything was said about you ever getting the license back.
    Answer Applies to: California
    Replied: 7/28/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should have retained an attorney who would have requested an independent drug test. After a few days the blood cannot be tested.
    Answer Applies to: New York
    Replied: 7/28/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    If this was a criminal case, there should be a second sample to test. The test itself could be challenged. Chain of custody for the tested sample should be reviewed. I am unsure what Nubain is, but is it possible that you came in contact with it during your work or otherwise and that is why is showed positive. If this is a criminal case, then the prosecution must show beyond a reasonable doubt that you knowingly used the drug. And, you get the presumption of innocence. That and a good attorney can be all you need.
    Answer Applies to: Colorado
    Replied: 7/28/2011
    Law Office of Robert L Keates, PLLC
    Law Office of Robert L Keates, PLLC | Robert Keates
    You'll need to contact a lawyer to determine the best way to proceed, be it trying to show tampering, mixed or bad samples, or a laboratory error.
    Answer Applies to: Texas
    Replied: 7/28/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If you have a trial you can call every one that touched the sample and prove someone screwed up. Also you will call your expert to show what would give a false positive.
    Answer Applies to: California
    Replied: 7/28/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Yes, there is a way to prove that assertion. You are a nurse, and I assume that you will either lose your job, or have lost your job. So, the question is: Do you intend to pay someone for their knowledge on how to prove that you did not take the substance? Yes, then contact me via my profile. No, then good luck to you in your new career.
    Answer Applies to: Georgia
    Replied: 7/28/2011
    Thomas Humphrey, Attorney at Law
    Thomas Humphrey, Attorney at Law | Thomas Humphrey
    It all depends on the testing. If there was a split sample, there may still be portion of the specimen remaining so that you can have it retested or, depending on the circumstances of the test, have it tested by your own independent toxicologist. Even so, there are any number of ways that there may have been a false positive. If your nursing license was suspended, there is an administrative process by which you can appeal that decision.
    Answer Applies to: Idaho
    Replied: 7/28/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    You could certainly hire an independent expert to examine your blood sample and/or the analysis performed by your employer. Even if there was Nubain in the blood sample you could as you implied argue contamination, chain of custody of the sample, tampering, a false positiveand other facts as they may be. In this type of situation, where you know you did not ingest a drug, there should be some way to demonstrate thatthere has been some type of error present. Even if you in fact did use or otherwise ingest Nubain, that does not mean you can't still fight the issue of your loss of license. You should seek the further advice of an employment lawyer who has experience with professional license suspensions.
    Answer Applies to: Washington
    Replied: 7/28/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Yes chain of custody is vital. Call me to discuss, employment and licensing are different matters.
    Answer Applies to: New Hampshire
    Replied: 7/28/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    You're on the right track as far as challenging the blood draw procedures and the chain of custody. You are going to need a lawyer to do that. You may also need an expert. I am not familiar with Nubian and what could produce a false positive, but perhaps there is something.
    Answer Applies to: New Jersey
    Replied: 7/28/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Was this test administered as part of a criminal proceeding or an investigation done by your work? If that is the case, you would have to appeal according to the procedures of your job or union. If it was part of a criminal case, seek an appellate lawyer to help you.
    Answer Applies to: Michigan
    Replied: 7/28/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    If a sample was taken while you are in police custody (as opposed to by a probation or parole officer), the sample must have a stricter chain of custody than for medical purposes. Each person who handled the sample has to sign it in or out of the locker/refrigerator. If it is your belief that the sample is not yours or that their test was wrong, your attorney would request that the sample be sent to an independent lab. some of the tests that are done on common drugs are "presumptive tests". There are more sophisticated tests that can be done to determine if the positive is actually false. And regarding whether the blood is yours, I expect you could do blood typing (cheaper) or DNA (more expensive).
    Answer Applies to: California
    Replied: 7/28/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    I am aware of no way to prove you did not take a drug except for a drug test. You are saying that the drug test showed positive. I have no solution other than a subsequent test and then it depends what the drug is, how long it stays in your system, and how long between tests one and two. Good luck.
    Answer Applies to: Massachusetts
    Replied: 7/28/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    A chemist or more likely a pharmacologist could tell you if a false positive indication for Nubain can be given under any number of circumstances. That's a start. Not sealing the sample is a chain of custody/contamination issue that should be argued by your lawyer or yourself. Could something have gotten into the sample that would make it look like it contained Nubain? Possibly. You or your lawyer will have to make all the arguments.
    Answer Applies to: New York
    Replied: 7/28/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    Your question raises a number of issues. If you have been charged with a DUI for using controlled substances, then the state has to prove that you were in fact under the influence. Just presenting a blood or urine test is not enough. The state must show that the samples were collected properly, and that the officers' conclusions are correct. These kinds of cases can be complex, and it is highly recommended that you get an experienced DUI lawyer to help you. I am a former prosecutor who was in charge of Portland's DUI desk, and I have a lot of experience in this area. I would be happy to give you a free consultation and discuss your options in fighting this charge.
    Answer Applies to: Oregon
    Replied: 7/28/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Your attorney can have the blood sample retested at an independent lab, and hire an expert to testify how the results could be different. Whether this is a criminal or an administrative case, act quickly.
    Answer Applies to: California
    Replied: 7/28/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    If you are alleging the sample was tampered with, you may want to hire a private investigator. If you think the result is a false positive, you need to find out the details of the tests that were performed. Finally, there may be an innocent (medical) explanation for a false positive. You (or your lawyer) would need to speak to a doctor about this.
    Answer Applies to: Washington
    Replied: 7/28/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    That really stinks! As it turns out, I practice criminal defense and professional misconduct defense. I may have been able to save your license or at least limit the damage. What you need is a forensic toxicologist to test the blood with a gas chromatography. It doesn't matter whether the sample was sealed in your presence necessarily. As long as the cop and the person drawing the blood can prove chain-of-custody, that would satisfy the DUI statute unless the blood tube was completely empty before taking the sample. There should have been a couple milligrams of white crystalline powder in the bottom of the test tube. The substance is a preservative. Without it, the blood would break down and products of decomposition may yield a false positive. I don't know for sure because I'm not a chemist and I haven't taken Organic Biology but it makes sense. Depending on what happened with your license, we may be able to attack the revocation. The chances are slim but it's worth discussing. If you live in northern Oregon or Southwest Washington, or don't mind the drive, I would be glad to meet with you at no charge.
    Answer Applies to: Washington
    Replied: 7/28/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Is the case still pending? Do you have an attorney? If yes, your attorney should be making a discovery request for documents relating to the analysis of the sample and chain of custody, as well as any potential video available.
    Answer Applies to: California
    Replied: 7/28/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    OF course you would need to retain an experienced criminal defense law firm to help you and an experienced investigator to do background and try to figure out how this happened.
    Answer Applies to: California
    Replied: 7/28/2011
    Bird & Van Dyke, Inc.
    Bird & Van Dyke, Inc. | Mary Ann Bird
    Tell your attorney to request a retest of your blood sample. Good luck.
    Answer Applies to: California
    Replied: 7/28/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You need to hire a lawyer in your area and have them help you. This is not something anyone can help you via email.
    Answer Applies to: Colorado
    Replied: 7/28/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    How long has it been? How long does the drug stay in someone's system? Is there time to have your doctor do a blood test?
    Answer Applies to: New York
    Replied: 7/28/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Consult an attorney and find out if a re-test of the sample is a possibility.
    Answer Applies to: Colorado
    Replied: 7/28/2011
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