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By Benson Varghese

Published on: June 20th, 2017 at 6:44 PM
Last Updated: July 13th, 2020 at 3:13 PM

Individuals who must take drug tests as a job requirement or 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 in Texas.

Is falsifying a drug test result a crime in Fort Worth?

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.

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

What are some 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 College Station man was arrested in February 2020 after he admitted selling fake urine to help falsify drug test results. Police stopped the 22-year-old man for driving without a front license plate and found a clear plastic bottle in the center console with yellow liquid. The man told police it was fake urine he used to pass drug tests and admitted to selling it to other people for $5 a bottle so they could pass drug tests.
  • 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.

What is the punishment for falsifying a drug test in Fort Worth?

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.

Accused of falsifying a drug test? We can help.

If you are facing allegations of falsifying a drug test in Fort Worth or North Texas, you should immediately reach out to an experienced defense attorney for help – especially if you’re already on bond or probation. Time is of the essence. In addition to facing a new charge, the probation or bond officer will notify the court and could move to revoke your bond or probation. Our team of seasoned Fort Worth attorneys have decades of experience and proven results. We will do everything in our power to help mitigate your situation and achieve a favorable outcome.