Falsifying Drug Test Results: What Happens if You Get Caught?

falsifying drug test

Individuals who are facing drug tests because they are on bond or probation sometimes panic and look for ways to defeat the test. A quick Internet search reveals hundreds of tips and tricks for passing a drug test, including potions, pills, and urinators – aka “whizzinators.” In many instances, falsifying a drug test puts individuals in a much worse position than they would have been had they just admitted drug use. Here’s a look at what can happen if you get caught falsifying drug test results.

Falsifying drug test results is a crime in Texas.

The reasons people try and fake a drug test vary. Many are on probation or parole and trying to stay out of jail. Others are trying to get — or keep — a job. Regardless of the reason, it is illegal in Texas to try and cheat a drug test. Under Section 481.133 of the Health and Safety Code, an individual commits the offense of falsification of a drug test by knowingly or intentionally:

(a) using or possessing with intent to use any substance or device designed to falsify drug test results.

(b) delivering, possessing with intent to deliver, or manufacturing with intent to deliver a substance designed to falsify drug test results.

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(c) A drug test means a lawfully administered test designed to detect the presence of a controlled substance or marijuana.

Creative ways people tried (but failed) to beat a drug test in Texas.

The easiest way to beat a drug test, of course, is to not use drugs. When that fails, people get creative. Here’s a look at some real life examples of Texans who got caught trying to falsify drug test results:

  • A Wichita Falls man parolee was arrested in 2018 after a parole officers found a plastic bottle in the front of his underwear with a plastic stick-on thermometer attached to the side. The man told police he had smoked some marijuana the week before, but saved some of his own urine before he smoked so he could pass the drug screen.
  • A Lufkin woman picked the wrong person’s urine to try and pass a drug test in 2014 when the falsified sample tested positive for methamphetamine. The woman used urine from a plastic bottle hidden inside her to try and pass a drug test, but got caught by an astute probation officer who knew something was up when she went into the bathroom and noticed the probationer already had urine in the cup. The probationer admitted it wasn’t her urine, which tested positive for meth.
  • In 2008, a Collin County man on deferred adjudication probation for a drug offense attempted to falsify his urine sample with a “Whizzinator” – a prosthetic penis attached to a syringe that pumps out another person’s urine stored in heated pouches. The device, which is also referred to as a urinator, was discovered by probation officers during a routine court-ordered drug test.
  • A 28-year-old woman was charged with falsifying a drug test in November 2016 after she was accused of using a vial of urine to try and substitute her urine during a required drug test at an adult probation facility in Waco.
  • A 37-year-old McLennan County probationer found himself in more trouble with law after he tried to fake a drug test by carrying someone else’s urine in a flashlight case and tire gauge and substitute it for his own.
  • A Marshall man was arrested and charged with falsification of drug test results in 2016 after he was accused of taking a drug test and physical exam for someone else using their identity.
  • Two South Texas convenience store clerks were arrested after officials said they were selling synthetic urine used to pass drug tests. Both face charges of falsifying drug test results.

The punishment for falsifying drug test results in Texas.

Using or possessing a substance or device, such as fake urine or a urinator, is a Class B misdemeanor, punishable by up to six months in jail and $2,000 fine. However, delivering or manufacturing such a device or substance is a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine.

Contact Us

If you have been caught trying to cheat a drug test, you will need an experienced defense attorney by your side to ensure the best possible outcome. We can help. Call today for a complimentary strategy session. During this call we will:

  • Discuss the facts of your case;
  • Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
  • Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.

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Benson Varghese

Managing Partner at Varghese Summersett PLLC
Benson Varghese is the founder and Managing Partner of Varghese Summersett PLLC. He is a prolific writer and has authored hundreds of articles about criminal law in Texas and at the Federal level. His articles have been featured in the Wall Street Journal, Above the Law, and have been selected as Top Blogs by the State Bar of Texas. He was named the Young Lawyer of the Year in 2019 by the Tarrant County Bar Association. Benson led the firm to become one of the 500 fastest growing businesses in the United States by Inc 500 Magazine in 2018. In the same year, the firm was named the Best Law Firm in Fort Worth by the Fort Worth Star-Telegram. The lawyers at Varghese Summersett PLLC exclusively handle criminal defense matters.
Benson Varghese