Drug tests are often ordered by Omaha employers, and often at random when they might suspect that someone working within their company might test positive for certain drugs like:

  • marijuana
  • cocaine
  • alcohol tests
  • methamphetamines

Is it a Crime to Fail a Drug Test in Omaha Nebraska?

Sometimes they’ll test across a range of several employees at the same time. Other times they might only test a select few. Either way, if you suspect that you might have a controlled substance test coming up at work and you are worried about the result, you might be wondering whether it’s a crime to fail a drug test in Omaha Nebraska.

Since Nebraska is a state allowing for random drug tests on their employees, it’s important to know the essentials surrounding the state’s law. Here’s more information about drug tests in Omaha Nebraska, when you can be fired and what to do.

Can I be fired if I fail a drug test in Omaha, NE?

State law in Nebraska allows for random drug tests on employees, and you could be fired by your employer according to the law under three different circumstances.

  1. If there is refusal to submit a test, then your employer could have immediate grounds to fire you from your job.
  2. The drug tests shows any tampering, altering or substituting of the tested sample at any point during the process, then your employer has immediate grounds to fire you – and you might be additionally charged for interfering with the law.
  3. If the tested sample shows positive for any drugs considered illegal, then your employer might have immediate grounds to fire you – and you might be hit with additional charges adding to this depending on your circumstances.

Is it illegal to fail a drug test in Omaha, Nebraska?

While it might not be outright illegal to fail the drug test itself, you could be hit with additional charges that go together with the positive drug test. Especially if you refused the test or tested positive. Possession of drugs can also be added as an additional charge in some cases where a subsequent search is conducted and drugs are found on you or your possessions.

Possible Defenses

If have failed a drug test in Omaha, NE, there are possible defenses in court. Including the disability defense if the tested substance is something which you require in order to treat a disability or a health condition. The best thing to do is to schedule an appointment with a lawyer to discuss your case and what can be done from there.

Fowler & Kelly Law, L.L.P. | Drug Lawyer Omaha, NE

Contact us to get an experienced Drug possession lawyer in Omaha, that can help you traverse the pitfalls of the legal system. Excellent representation can mean the difference between being found Not Guilty or serving a lengthy prison sentence.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.