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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111450
Experience:  20+ Years of Employment Law Experience
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Can i dispute a dot drug test..

Customer Question

can i dispute a dot drug test..
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
can i dispute a dot drug test and how?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Did you request a split sample at the time of the test? What was the test positive for? Have you gone for a confirmatory test yet, preferably a hair follicle test?
Customer: replied 1 year ago.
No i have not went for any other test.just failed first
Customer: replied 1 year ago.
Cocaine,pos i dont do drigs
Customer: replied 1 year ago.
Drugs sorry
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you did not request a split sample at the time of the test, you have a difficult (not impossible) case. A split sample is good because it is from the exact same sample on the date of testing, so testing that sample and coming up with a different result would be a stronger argument for a false test.
However, as you do not have the luxury of the split sample, your next step is to go to another DOT lab and you will have to pay for a "hair follicle test" because that follicle test will detect drug use back up to 1 year and you are going to need to have that result come back negative.
Once you have a negative follicle test, you can then seek to file an appeal of the DOT test to the DOT and if they refuse to change the result. You will need a local attorney and the initial appeal will go to DOT, then it goes to an administrative law judge if DOT will not invalidate the test and if you lose before the ALJ, then it is filed in court.
However, before you do anything get the test done and get the results. While waiting for the results you need to get a local attorney that handles DOT testing or drug testing in general to represent you.

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