Drug crime charges after false positive
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Drug crime charges after false positive

On Behalf of | Mar 4, 2022 | Criminal Defense |

If a South Dakota police officer pulls you over in a traffic stop, it’s understandable that you might have anxiety or feel nervous. It’s always best to remain as calm as possible and to pay close attention to everything that is said and done as the events unfold. If the officer in question suspects you of impairment, you might be asked to take a preliminary alcohol or drug test.  

You might be surprised to learn that there have been cases where a sober person winds up testing positive for drugs. It’s a good idea to be aware of several issues that can cause this to happen. It’s also important to know you rights ahead of time, especially concerning the Fourth Amendment, which protects you against unlawful search and seizure.  

If you use mouthwash, beware 

Mouthwash products often contain ethanol as an ingredient. It’s possible that you might use such a product, then happen to get pulled over not long afterward. The ethanol in your mouthwash can cause a false positive on a preliminary alcohol test.  

Do you love bagels with poppy seeds? 

If you’re a bagel lover who prefers the kind of bagel that is covered in tiny seeds, your bagel habit could cause you trouble in a traffic stop. You’d no doubt be shocked if a police officer were to tell you that you tested positive for opioid drugs when you knew you had not taken any medication or drug.  

Such situations sometimes arise because of a false positive on a drug test, which can occur because of poppy seeds on a bagel or other food you’ve eaten.  

Diet pills, over-the-counter sleep aid pills and more 

It would be awful if you were having trouble sleeping, took a sleeping aid pill, then wound up testing positive for methadone or PCP in a drug test. It can happen. Many types of prescription drugs, such as anti-depressants, or non-prescription medication, such as diet pills, can also spark a false positive on a drug test.  

Navigating the justice system after being arrested for driving impairment 

A South Dakota police officer can arrest you for suspected DUI if he or she can show probable cause. If you have failed an alcohol or drug screening test, it constitutes probable cause. If you believe that something has caused you to register a false positive, remember that you are guaranteed an opportunity to refute criminal charges in court.  

There’s no way to predict the ultimate outcome of a specific case with 100% certainty. Any number of challenges may arise as you try to mitigate your circumstances. This is why most people enlist legal support as soon as they have been arrested and charged with DUI.