Most military personnel are aware that when they return to their unit after the holidays or other vacation periods, they will almost certainly be subjected to a military drug test.
A positive military drug test result might jeopardize their service career and lead to court-martial. Service members who test positive on a urinalysis should immediately speak with a competent military attorney. The attorney can assist clients in understanding their rights and learning more about the steps their chain of command is likely to take as a result of the positive test.
A positive urinalysis test can jeopardize a military career and perhaps result in court-martial. The result of a failed urine test varies according to rank, service, and drug kind. Any service member who tests positive, on the other hand, will have to battle to save their military career. Let’s review your options when it comes to failing a military drug test.
What are the Possible Outcomes of a Positive Military Drug Test?
- Navy/Marine Corps members will likely face Mast/NJP, followed by an administrative discharge procedure.
- Air Force NCOs and officers who test positive for LSD, cocaine, ecstasy (MDMA), methamphetamines, or other “hard” drugs will almost certainly face a court-martial.
- Army and Coast Guard service members of all grades are frequently subjected to nonjudicial punishment and administrative dismissal under Article 15.
- Under Article 15 and discharge, the most common nonjudicial penalties are reserved for airmen who test positive for marijuana or are lower-ranking enlisted personnel.
Can You Save Your Military Career?
Yes. Your military career is not always ended if your military drug test is positive for drugs; you still have rights and alternatives. Several typical ways of preserving your career include:
- FIRST-TIME OFFENDERS who admitted to using drugs with knowledge: If you want to stay in the military, you’ll need to show your chain of command that you satisfy the retention requirements.
You must demonstrate (among other things) that:
- It was an experimental method to satisfy the requirements (one-time thing)
- The drug usage was an extreme departure from norms and won’t happen again.
- The military will be best served by keeping you based on your prior service and potential in the future.
- DRUG TEST ERROR: Provide evidence that the drug testing procedure was flawed. Urine sample collection mistakes do occur. These mistakes may lead to false positives or incorrect labeling. The Navy lab in Great Lakes has made several mistakes over the previous few years. Because of this, samples were falsely reported as positive. An expert attorney should carefully study each positive test result to look for potential mistakes. By employing this argument and contesting forensics, we have successfully kept military personnel.
- ACCIDENTAL DRUG INGESTION: If you think you may have taken a drug accidentally, you may be able to keep your job by claiming innocent or ignorant ingestion.
What Should You Do If You Test Positive?
Those in the military who test positive for drugs should be aware of their legal rights. During an investigation, Mast, NJP, court-martial, or discharge processes, you have the right to stay quiet (Article 31), consult with counsel of your selection, and fight to save your job.
Do not give up. A positive drug test does not necessarily signal the end of your career; however, it may! You will be able to speak for yourself and explain your side of the story with help from an attorney. A positive urinalysis test won’t stop you from serving in the military.
Our lawyers have years of expertise and have participated in many court-martial cases in which they have successfully defended military personnel from all service branches. Contact us at Court and Carpenter now to get a free consultation if you or someone you know tested positive on a military drug test.