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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110574
Experience:  20+ Years of Employment Law Experience
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Yesterday at 4pm i was handed an envelope with a lab notice

Customer Question

yesterday at 4pm i was handed an envelope with a lab notice for the place I went for prehire drug testing.....I went to the clinic was there a couple hours. I was never told what the lab notice was for, I assumed it was a random drug test. At 6 pm i went to my car to charge my phone and there were 2 individual small bottles of wine which I drank. About 15 mins later I went back in and then was then told i was doing a breathalayzer test, and I told them can i refuse? They said no they would notify the employer I refused to do test, well of course I failed, but I had not drank on the job and when I did drink it was at 6 pm after work hours, I am pretty sure I will be fired today -
JA: Thanks. Can you give me any more details about your issue?
Customer: Is there any way to ask for another test especially during work hours
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Submitted: 6 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 6 months 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.
Unfortunately, while you say that you drank the wine at 6PM, the sad part is that you were not supposed to consume anything prior to being tested other than water. At this point, there is no real way to prove whether or not you drank at 6PM or before other than your claims. I am afraid that legally if you failed the test, they will look at the amount of alcohol in your system and "2 individual small bottles of wine" do not typically cause a high blood alcohol reading within 15 minutes of consumption, as it takes more time for the alcohol to get into the blood system and usually 20-30 minutes is what it takes to get the full correct BAC reading from time of consumption.

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