Urinalysis or UAs for controlled dangerous substances are an expected part of military service. However, when your urinalysis comes back positive, it can be a very frightening event for service members. A positive urinalysis in the military will result in your facing military justice or administrative action. You may be notified of the initiation of a separation process to attempt to kick you out of the military. Worse yet, you may be notified of prosecution under the Uniform Code of Military Justice or UCMJ.
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Whatever lies ahead of you following a positive urinalysis, working with an experienced military defense attorney increases your chances of obtaining a positive outcome and ensures that you understand everything that you are facing. This article is intended to answer many of the questions are clients ask us when it comes to positive urinalysis test in the military and the follow-on administrative separations or military justice actions that follow positive urinalysis tests.
ADDITIONAL MILITARY DEFENSE RESOURCES
Hundreds of free resources are available on our website, concerning a wide variety of information related to military justice and administrative actions. Also, you may call us anytime 405-591-3935 for a free confidential case strategy session concerning you military justice or administrative action issue.
What Happens after a Failed Military Drug Test?
When you are notified that you failed a military drug tests, i.e. had a positive urinalysis, your commander is required to take administrative action or punitive action against you as a service member. A failed military drug test can have a serious impact on your military career and may result in charges being referred for a court-martial.
Unfortunately, the process and potential punishment you will face differs by command and policies in place at the time of your failed military drug test. You increase your chances of knowing what your commander is considering and the course of action he is taking when you work with an experienced military defense attorney. Your Fierce Advocates® at Cannon and Associates represent service members in failed military drug tests regularly and have a clear understanding of the issues and evidence commanders find important in deciding what course of action to take following a failed military drug test.
Your fight to save your military career and avoid prosecution under the UCMJ at a court-martial for a failed military drug test improves by obtaining the guidance and experience of an Oklahoma military defense attorney.
The processes in failed military drug tests also vary based on your rank, your branch of service, your duty status, and the type of drug that which you allegedly tested positive.
What Consequences are Possible for a Failed Military Drug Test?
Members of the Air Force, such as airmen at Tinker Air Force Base, that test positive in a military drug test for cocaine, methamphetamine, heroin, LSD, ecstasy (MDMA), or any controlled dangerous substance that would face criminal prosecution for possession in the civilian realm will likely face court-martial action in the Air Force.
Airmen in the Oklahoma Air National Guard, as well as active duty airmen, that test positive marijuana will most likely face non-judicial punishment and/or Article 15 and potential discharge / separation action from the Air Force.
Soldiers in the Oklahoma Army National Guard, and active duty soldiers, typically face non-judicial punishment under Article 15 and the threat of discharge from the Army.
It has been our experience that lower enlisted members of the Air Force as well as lower enlisted Army soldiers are more likely to face non-judicial punishment and be afforded the opportunity to rehabilitate their career. Conversely, the majority of our military clients that are non-commissioned officers and commissioned officers have been threatened with separation actions and discharge boards.
Can I Save My Military Career after a Failed Military Drug Test?
Potentially yes, your military career does not have to be over due to a failed military drug test. You have options and are entitled to due process with each course of action your commander has available following a failed military drug test. The following are courses of action (COAs) that you may pursue with your Oklahoma military defense attorney to try to save your military career following a positive urinalysis:
1. First Time Drug Offenders: when a first-time drug offender in the military demonstrates that they knowingly use drugs and confesshave the opportunity to demonstrate to their commander that they meet criteria for retention. In order for you and your military defense attorney to convince your command that you meet the criteria for retention following a positive urinalysis, failed military drug test, you must demonstrate the following to your command:
- Your use of drugs was experimental drug use only, i.e. you are not a habitual user of drugs
- Your use of drugs was a deviation from your normal behavior and outside your character and dedication to military service.
- You will not use any type of experimental drugs or prescription drugs without a current valid prescription ever again.
- The interests of the military will be best served by your retention and continued service to your unit and the nation.
- Your future potential far outweighs the detriment caused to the unit by the example of you being given an additional opportunity to serve.
I’m proud to say that we have represented many soldiers, sailors, and airmen successfully and helped them present themselves in such a way that their commander determined their continued service would greatly benefit the unit and our nation. There are few things greater as a Judge Advocate representing service members and a military defense attorney than having a client and service member be given a second chance at their career.
2. Chain of Custody or Drug Test Error: the military drug testing and Army Unit Prevention Leader (UPL) program is not perfect and errors occur in testing and chain of custody. When you are the victim of a chain of custody or drug test error, it is your duty to show the commander that an error occurred, even though the regulations show the commander has the responsibility to overcome these concerns. Errors in collection, labelling, and transfer can result in a specimen being associated with your DoD identification number in error or a testing error that demonstrates a false positive for your sample.
Our Fierce Advocates® have successfully argued chain of custody and drug testing errors to commanders in the National Guard as well as Active Duty. It is important to remember that you are entitled to appellate review of decisions in this area. Our Oklahoma military defense attorneys have successfully convicted appellate authorities in this area that drug testing errors and chain of custody cannot be overcome.
Our military defense attorneys encourage our clients to obtain a hair follicle test, from a DoD accredited lab, as soon as they are notified of a false positive drug test. Hair follicle tests can show proof that no drugs have been in your system for weeks. In fact, we have been able to get separation proceedings and non-judicial punishment proceedings dismissed by convincing our client’s commander that a drug testing error or chain of custody error is the cause of the false positive.
3. Accidental Drug Ingestion: when service members get together, like many other young adults, they sometimes will drink or ingest something without sufficient situational awareness. The defense of innocent ingestion and unknowing ingestion exist to protect service members that did not knowingly consume a controlled dangerous substance. When your military defense attorney can present this compelling defense, it may result in your non-judicial punishment or separation action being terminated.
Innocent ingestion occurs when a service member puts something in their body without knowing that it contained a controlled substance. Although it is not a good choice, service members can fall prey to consuming something without knowing that it contained a controlled substance, i.e. smoking a “cigarette” or having a drink without confirming what was in it.
Unknowing ingestion is similar to innocent ingestion, but is specifically focused on the intent of the service member in what they consumed. The defense of unknowing ingestion presents the argument that you consumed something without knowing that you consumed a controlled substance.
The defense of innocent ingestion and unknowing ingestion are powerful defenses in failed military drug tests, if there is evidence and research to support the claim you and your military defense attorney present to your commander. We have successfully defended service members at separation boards and discharge boards based on these defenses. Additionally, we have presented evidence and memorandums in support that commanders have made the basis for terminating or dismissing a separation proceeding or non-judicial punishment proceeding.
What Should I do after a Positive Urinalysis in the Military?
First and foremost, ensure you understand your rights and the procedures that you are facing, if you have a positive urinalysis in the military. Some of the rights you have following a positive urinalysis in the military are determined by your branch in the military, your number of years of service, and whether you are enlisted or an officer.
However, some rights for a positive urinalysis in the military or any allegation of potential criminal misconduct apply to every situation. You have the right to remain silent, i.e. not answer questions by an investigator or your commander until you have the chance to speak to a military defense attorney. You have the right to meet with an experienced military defense attorney to ensure you understand all of your rights. You have the right to fight for your career, including during the investigation process, non-judicial punishment (NJP), Captain’s Mast, court-martial, discharge proceedings, administrative separation board, and any other proceedings.
Get started immediately, there is no guarantee that you will be able to save your military career during the process that follows a positive urinalysis or positive UA in the military. However, the earlier you act, the greater the opportunity you have to save your career and build your defense. When you pair a strong strategic defense with an experienced military defense attorney, you maximizes your chance of being successful in the process.
CONTACT CANNON & ASSOCIATES today – Your Fierce Advocates® for Military Defense
If you are facing military justice, administrative action, or are under investigation, it is important to work with an experienced Oklahoma City military defense attorney to increase your chance of obtaining the outcome you desire. Additionally, by taking a strategic approach to your military justice process, you increase your chances of reaching a positive outcome through your military defense attorney and the Judge Advocate working for your commander.
Your Fierce Advocates® at Cannon & Associates are dedicated to answering your questions and preparing you for whatever course of action your commander takes in your military justice matter. Our owner is a Judge Advocate and our entire team takes pride in serving those who serve our nation.
Free Resources from OKC Federal Criminal Lawyers:
Our team of Your Fierce Advocates® at Cannon & Associates is led by Army Veteran founder, John Cannon. We are privileged to be Oklahoma federal criminal defense attorneys for clients facing federal criminal charges across Oklahoma in the Western District, Northern District, and Eastern District. Our Oklahoma federal defense lawyers fight for client’s pretrial release and freedom following indictment in Oklahoma federal criminal cases. Find FREE RESOURCES on our YouTube page and our website, until we meet to answer your specific questions. You may also CALL NOW at (405) 972-8604, 24 hours a day, and 7 days a week for a free case planning session!
CALL NOW 405-591-3935 for your free confidential case strategy session to help you understand your options in your military justice or administrative action and to have your questions about military justice answered.