Police use field drug tests to determine if detained suspects have illegal drugs in their possession. Although field drug tests are inexpensive and easy to use, over 30,000 people are arrested each year based on false positives. Even though field drug tests cannot be admitted in court, false positive tests cause individuals to have a record, impeding future opportunities. In this blog, our Greenville, SC, drug charge defense lawyers discuss everything you need to know regarding field drug tests and fentanyl arrests.
What is a Field Drug Test?
Police officers often use on-site drug testing to determine if a person is using an illicit substance, such as a narcotic. Each testing kit costs $2, making it easily accessible to law enforcement. During a field drug test, a portion of the substance in question will be placed into a vial containing pink liquid. If the substance changes color (typically blue), then it is considered an illegal drug. However, the testing is presumptive, so a lab must confirm the results.
Why Do False Positives Occur?
Field drug tests are unreliable, producing false readings due to several factors. For one, certain foods, household cleaners, medications, and acne medications may have chemical cross-reactivity. Several types of medications can produce a false positive, putting a person through a legal headache without cause.
False positives are not just due to chemical reaction errors. In many situations, a police officer may not be trained in how to conduct a field drug test. This user error could lead the officer to misinterpret the results or contaminate the sample. For instance, the officer may believe they see a color change when, in fact, the vial’s liquid remained pink. Contamination is also a major problem, as a false positive could occur if a police officer uses the same gloves or touches another compound before running the test.
The Gravity of a Fentanyl Arrest in Greenville, SC
South Carolina drug laws treat fentanyl-related offenses extremely seriously. Even a first-time simple possession charge for fentanyl is punishable by up to five years in jail, a $5,000 fine, or potentially both. Having four grams of fentanyl triggers a trafficking charge, punishable by a maximum 25-year prison sentence and a $50,000 fine. This is for a first-time offense with less than 14 grams in your possession.
Faulty forensic evidence has certainly led to arrests, charges, and even convictions. Unfortunately, the prosecution will not second-guess law enforcement’s analysis of a testing sample. You need a defense attorney to raise the issue and challenge the test results.
Advocacy Against Law Enforcement Errors in Fentanyl Cases
Even though our justice system is based on the presumption of innocence, this seems to be forgotten when it comes to drug arrests. A criminal defense attorney remains dedicated to their clients, never forgetting their commitment to fight for their rights. At Eppes & Plumblee, our drug charge defense lawyers do not take the police’s (or anyone’s) word when it comes to a positive drug test or other incriminating evidence.
Instead, we conduct an independent investigation to assess the facts. Our legal team believes that carrying out justice means questioning every piece of evidence. In performing our due diligence, we ensure that we arrive at the truth.
Speak with Our Greenville, SC, Drug Charge Defense Attorneys
Fentanyl allegations can all but destroy your personal and professional ambitions. If you or a family member has been arrested for fentanyl possession, our legal team would like to speak with you. For nearly 30 years, our Greenville, SC, drug charge defense lawyers have been assisting individuals who have ended up on the wrong side of the law. Let us assist you. To schedule your confidential consultation, contact Eppes & Plumblee online or call 864-581-3450.