Legal Question in Civil Rights Law in Wisconsin

Drug Testing=False Positive

Last week my roommate had to appear in court for child support issues. During court, he was accused of buying drugs. He volunteered to take a urine blood test. Following court, the test was administered and came back positive for meth. He had taken ephedrine for his sinuses that morning, thus the false positive. He requested a second test, but was denied and placed in jail over the weekend. Does he have any recourse for the imprisonment, the false positive results and denial of a second test?


Asked on 9/24/07, 3:48 pm

1 Answer from Attorneys
Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Drug Testing=False Positive

I would be consulting with a criminal defense attorney in regard to fighting any charge relating to the positive drug test. Depending upon how that resolves, you will need to have an attorney evaluate whether there are further claims that you might pursue. Be aware that if a claim is going to be made against a city,county or State government agency, there may be certain notice requirements that need to be complied with, which might be as short as 120 days. Please consult with an attorney about that issue.

Read more
Answered on 9/30/07, 8:54 pm


Related Questions & Answers

More Civil Rights Law questions and answers in Wisconsin