If Drug Test Results Show Positive Hair Sample, You Must Do This.

If you are reading this, you may be someone involved in a drug case who is scheduled for a Prosecution investigation.

Drug cases are among the cases with high sentencing severity and difficulty in obtaining leniency due to concerns of recidivism, and since courts often find a risk of evidence destruction and flight, a "custodial investigation" policy is frequently applied.

Therefore, if you are involved in such a matter, you must receive assistance from a specialized attorney before the initial investigation to confirm the charges against you and prepare a response strategy.

You should keep in mind that if you handle this process alone, you are highly likely to receive punishment more severe than what your actual conduct warrants.

In particular, since this matter requires preparation for the initial statement made during a Police Investigation and the drug test, it is important to choose legal counsel who understands the Police Investigation process well and can respond accordingly.

At LAWFIRM LEAP, since specialized attorneys with experience at major law firms and as former police officers handle cases, we understand the positions of the police and the Prosecution better than anyone, and can offer the best strategy for clarifying the charges favorably at the investigation stage.

With that in mind, today we will share practical information you may be curious about, such as how to prepare for various drug tests including hair sample testing, and how to seek a reduced sentence.

If you take about 3 minutes to read this, you will find the information you need.

01How to Respond to Drug Testing: Hair Sample and Urine Tests

When you undergo an investigation for drug use, various tests are conducted. First, a hair follicle test is conducted using hair from the head as well as other body hair.

Since body hair retains detectable drug traces for a long period, if you cannot avoid this test, you should undergo it properly and then quickly determine whether to admit the charge and devise a sentencing strategy.

Some people ask whether they can simply avoid detection by bleaching their hair beforehand or shaving hair from the head or other body parts.

In such cases, since the test itself may become difficult, this can be viewed as intentional concealment of evidence, and you may face aggravated punishment.

Therefore, you should refrain from hasty actions and always respond under the advice of a specialized attorney.

02Act on the Control of Narcotics, etc. (Article 58)

Depending on the type of drug involved, penalties vary: use of heroin, opium, or poppy may result in imprisonment of up to 10 years or a fine of up to KRW 100 million; inhalation of cannabis may result in imprisonment of up to 5 years or a fine of up to KRW 50 million; and use of psychotropic substances such as ecstasy classified under item (b) may result in imprisonment of up to 10 years or a fine of up to KRW 100 million.

Also, if you undergo a urine test, except in cases where drug use occurred within the past week, it is difficult to confirm actual use through such a test after a certain period has passed.

This is because after 7 days or more, the drug traces are typically eliminated from the body, making a negative result likely.

Therefore, if drug use did in fact occur, you should seek advice from a specialized attorney to find a lawful way to delay the urine test.

However, if there is no legitimate reason to avoid the test, actively responding to the matter is the only way to prevent becoming subject to a custodial investigation on suspicion of evidence destruction.

Even if you avoid the urine test, the hair follicle test mentioned earlier may still reveal the charge, so rather than avoiding the matter, you should seek a legally advantageous approach.

Therefore, if you have been booked for drug use, you should retain experienced specialized counsel before undergoing the investigation, prepare for the tests that may be conducted before the Police Investigation, and determine which stance would be most effective in obtaining a reduced sentence.

03If Drug Components Were Detected in a Hair Sample Test

If the drug test results come back positive, you should promptly admit the charge.

However, the best approach is to respond in a way that avoids additional charges such as distribution, sale, or brokering, while establishing that the act was impulsive, in order to receive legal leniency.

If the police or Prosecution has already secured evidence in the matter, refusing to cooperate with the investigation or denying the charge may only increase the severity of the offense and result in conversion to a custodial investigation.

This may be seen as showing no remorse, which could work against you in receiving a lenient judgment.

Therefore, you must always accompany a specialized attorney during the investigation and clarify your position based on specific facts and evidence.

If drug components were detected, you must promptly admit the charge and credibly demonstrate that the act was not planned or organized, that it was impulsive, and that you are strongly committed to not reoffending, in order to defend against punishment.

You should also gather as many sentencing materials as possible—such as genuine remorse for the offense, the risk of losing one's job due to severe disciplinary action, and letters of appeal submitted by family and acquaintances requesting leniency—to appeal for mitigating circumstances and help avoid actual imprisonment.

Therefore, from the early stages of the investigation, you should confirm the matter and establish a legal analysis and response strategy together with legal counsel experienced in initial police investigations.

Only then can you increase the likelihood of obtaining legal relief.

An attorney with a police background understands the position of the police better than anyone.

The attorneys at LAWFIRM LEAP have worked at Korea's leading law firms, Kim & Chang and Bae, Kim & Lee, handling a wide range of criminal cases, and as former police officers, have handled numerous cases involving drug crimes and other matters where the initial investigation process is critical, giving them the in-depth expertise needed to respond effectively at the early investigation stage.

Therefore, if you work with LAWFIRM LEAP, an attorney with experience at a major law firm and as a police officer will personally support you from start to finish, actively substantiating the client's position and responsibly help secure a favorable outcome in the drug case.

We at LEAP understand your circumstances and urgency better than anyone, and we will mobilize all our knowledge and expertise to help achieve the best possible outcome.

If today's information alone has not resolved your concerns, please feel free to contact us at LEAP at any time.

We will develop a tailored strategy suited to your situation and thoroughly prepare for your response to the investigative agency from the outset.

Thank you for reading this long article.