Is there a way to prove I didnt use a drug when the blood test was positive?

Question

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.

Michael Palumbo · Answer

Is there a way to prove I didn't use a drug when the blood test was positive?

Anthony Lowenstein · Answer

It depends on several factors.

Seth Bloom · Answer

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,

Jules N. Fiani · Answer

Yes, get a hair follicle test.

Michael J. Breczinski · Answer

You need an attorney that is familiar with this type of hearing and the appeals process sometimes the test results are inaccurate.

Thomas Tomko · Answer

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

Cindy L. Barton-Coombs · Answer

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

William C. Gosnell · Answer

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.

Craig Elhart · Answer

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.

Roianne Houlton Conner · Answer

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.

Joseph Katz · Answer

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.

Jason Savela · Answer

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.

Robert Keates · Answer

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.

Michael Maltby · Answer

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.

Eric Sterkenburg · Answer

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.

Thomas Humphrey · Answer

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.

Eric M. Mark · Answer

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.

Leonard Harden · Answer

Yes chain of custody is vital.  Call me to discuss, employment and licensing are different matters.

Jared Austin · Answer

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.

Maureen Baldwin · Answer

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).

Jared Altman · Answer

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.

Gregory Casale · Answer

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.

Terry Nelson · Answer

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.

Andrew Subin · Answer

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.

Edward Kroll · Answer

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.

Mary Bird · Answer

Tell your attorney to request a retest of your blood sample. Good luck.

Eric Rothstein · Answer

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?

Paul J. Wallin · Answer

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.

Matthew Murillo · Answer

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.

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Is there a way to prove I didnt use a drug when the blood test was positive?

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