Facing a false positive drug test result in the military can be intense and scary. Here is what to expect.
As is common in your branch of service, as in all branches, drugs are a big deal. When that negative result comes in, your commander looks at you weird. After all this time, building a good reputation for being a solid duty performer, you might find yourself standing in front of the commander, with a clueless shrug. Regrettably, although false negatives occur, few servicemembers know that they can be fought, to protect your career, and even salvage your duty relationship, and reputation with the command.
How Do You Save Your Career?
The question if often what due process do you get to save your career, and prove that you did not knowingly use a controlled substance? The command will routinely investigate the claim. Thus you may wonder if it would be wise to make a statement? Unfortunately, unless you have clear evidence of your innocence during the timeframe of the alleged use, whose window is dependent on the drug allegedly used your emphatically saying you “did not do it” is not going to carry the day. The command is basically placed between a rock and a hard place, and will defer to the scientific test result. That’s why a false positive drug test result in the military can start to seem quite daunting.
Ultimately, whether you say something, officially, will also dependent on the amount of your active duty years. In all services, if you have more than 6-years on active duty an enlisted person, you can demand a board. If, however, you’re an officer, you will commonly need at least 3-years on active duty after your commission to also rate a board. If you fail these time requirements, your only chance at staving off involuntary septation, and often the loss of the Post-911 Bill, is to provide a persuasive written rebuttal to the separation authority. In this written rebuttal world, one could offer up exculpatory evidence such as a hair follicle test, affidavits of folks that were with you the entire time of the alleged use, or perhaps character witness statements.
The ability to fight for your military career has also provided some great advancements of late, as the consumption of poppy seed products and other commercial goods have been shown to cause false positives. In fact, the DoD is currently assembling a task force and seeking funding of approximately $2.5M to study the ability of the drug testing laboratories to increase the nanogram level for reporting a positive use of poppy seeds in golden flow products. Even more telling, several Brady notices have been issued by labs which have directly undermine the reliability of their results.
Turning next to the board, should you rate it, you must understand that in the case of enlisted, it is termed an administrative separation board and, for officers, a board of inquiry, beyond these semantics please understand that you may call both expert and lay witnesses to testify on your behalf. Additionally, hearsay rules do not apply, hence you may also offer any written documents you choose, to include the above Brady notices. Finally, you may also testify, either under oath, or by making an unsworn statement, in which case you are not cross-examined by the board or recorder. Of course, each case if different thus the ultimate decision to testify, or not, will dependent on the facts in any given case. Despite this question, it is customarily not a wise thing to say anything before the board, as it is impossible to prove a negative, that is, that one did not use. With all these factors, getting to a lawyer soon is always the best medicine in fashioning a case that is winnable, and conducive to a continued career. Getting a false positive drug result in the military can be handled best by an attorney.
Hire a Professional When You Get a False Positive Drug Test Result In The Military
In conclusion, a service member’s career and future might be severely impacted by a false positive drug test in the military. It is critical to be aware of the potential triggers for false positives, such as specific foods and drugs, and to take precautions to stay away from them. Seeking legal counsel from an experienced military attorney who can guide you through the convoluted legal system and uphold your rights is essential if you think you have been falsely accused of drug usage. The team at Military Law Firm is dedicated to advocating for service members and helping them achieve the best possible outcome in their legal matters. If you need legal advice, don’t be afraid to get in touch for a free consultation.