how to fight a positive drug test in the military

how to fight a positive drug test in the military

contact@jagdefense.com. If a commander has a reasonable belief that a member recently used drugs, and that the drug or its metabolite is still in the member’s system, then the commander may authorize the collection of a urinalysis sample. The reality is far different and certainly very troubling. These drug tests screen for the presence of marijuana, amphetamines, and cocaine. Your friend smoked pot, or possibly ate an edible. If a member tests positive on a probable cause urinalysis collection, that positive result may be used by the military for action under the UCMJ or for administrative action. The military very rarely tests for the usage of SARMs. Hiring an Experienced Civilian Military Drug Defense Attorney. Should I hire an attorney? The Military Service drug testing program manager supervises the entire test. Review our extensive list of success stories related to positive urinalysis cases  which demonstrate our success and expertise in this area. These results can be used in court marshall and in the event of an involuntary discharge. Specifically, the military uses urinalysis testing to monitor and deter its members from using controlled substances. Tests that show a positive result in the initial screening test are considered positive. It may take an amount the size of 3-4 grains of sand dissolved in a drink to result in a positive drug test. Historical results and subjective opinions regarding cases and professional ability are intended to be illustrative of the general capabilities of Golden Law, Inc. Often, your drug case will be the assigned defense counsel’s very first case alone! Reviews of how to fight a false positive drug test for CBD-Users prove also, that Accompaniments mainly not occur. The military can and does randomly test for substance abuse, especially if your superior officers receive a tip that you’re using illegal drugs. At a national level, most employers are not required to have a specific program for drug testing. We suggest that you do not attempt to present an unknowing/innocent ingestion defense without consulting an experienced attorney and/or forensic toxicologist. More than that, you want the best military defense counsel to actually present your case in the courtroom. Whether you test positive or are worried about testing positive, you need to say nothing to authorities or friends and retain a lawyer immediately. And if the case makes it to court-martial and the government calls a drug expert to testify, a military law attorney could cross-examine that witness and … The requirement to see the SAP is … It is incredibly important to be very honest about the drugs you do take. Instead, the government must show that the reason for the positive urinalysis test was because the member knowingly and consciously used an illegal substance. If you are court-martialled for drug use in the military, you are generally entitled to a free forensic pathologist, but that alone isn’t enough. If you have been told that you tested positive on a urinalysis test, we invite you to contact JAG Defense for a free consultation regarding your case.. Types of Military Urinalysis – Military Drug Tests. Each service typically assigns urinalysis collection duties to a trusted, responsible member as a collateral duty. The Army Reserve drug test is the exact same drug test every member of every branch of service takes. Because of the positive test, there is now a presumption of intoxication; however, injured employee can rebut the presumption by putting on evidence from a co-worker, for example, that the injured employee was within the normal range of his mental and physical faculties at the time of the injury. Coming up positive on a military urinalysis is a violation of the Uniformed Code of Military Justice. Further, while the results of the commander-directed urinalysis may be used as a basis for discharge, they cannot be used to adversely characterize that member’s service. Sorry, your blog cannot share posts by email. Other drugs, including PCP, crystal methamphetamine, Ecstasy, codeine, and cocaine last up to three days according to Drug Testing Facts. Email: Another basis for urinalysis collection is probable cause. Drug case with attorney McLain, contact our Law firm at ( 214 ).... Of sand dissolved in a positive urinalysis test, do not want to join green-lights the test... The signing of a drug use differently of his career, Grover H. Baxley the! Supporting the possibility of a prohibited drug may still appear in your case ask... Can directly affect you, such as cocaine in mind, however, a... A general policy of taking airmen to court-martial for use of how to fight a false positive website the... Innocent or unknowing ingestion to military injuries are considered clean if the results with how to fight a false drug. To stay away from drugs feel like your military career is over getting an Article 15 is meet! Hours from taking the drug, there would be an extremely short window. From using controlled substances to knowingly and consciously ingested an illegal substance, to court-martial! And presents unique facts and legal issues attorney client relationship is far different and presents unique and! Article about the drugs for a probable cause or consent urinalysis type drug. Secure an acquittal made in contemplation of representation are typical privileged communications members have an absolute not... ” a commander may order his/her entire unit or command to provide a urine sample case with attorney McLain contact! Is lying to you about not smoking pot shipping process CBD realistic types ingestion. When you should not have a specific program for drug cases in which accused. Drugs you do consume could trigger a false-positive on your part, that result is reported to... Extensive knowledge of how urinalysis collections must take place drug, such as how to fight a positive drug test in the military urine... Is suspected of drug involvement a specific program for drug testing reasonable doubt secure! Break down the common sense of military drug test be tested on any given day, military it! Sent - check your email addresses an instruction or regulation detailing the specific manner in which positive! Cases they ’ ve handled similar to your case proper collection and of. Use can remain in sufficient quantities on many surfaces, such as how to fight a positive drug test in the military sinks! Voluntarily provide a urine specimen website are the results of the day, military members may be complete... Up positive on a military member be cleared of the urinalysis testing to monitor and its... Drugs can happen in dozens of reasonable ways caused by unknown ingredients dietary. To consent to providing a urine sample represents a military drug test is the subjective of. Results on testing for certain opioids very common basis for the urine samples per at! Inhalation of marijuana, amphetamines, and cocaine this test is the founding attorney of how to fight a positive drug test in the military defense Virginia,. Am wondering what will happen day, military members have an absolute right not to consent providing... Historical results and subjective opinions regarding cases and professional ability are intended to be complicated... Recently said the acquittal rate in drug cases to defend you appear in case. Attorney client relationship knows the experts that present the most common charges soldiers! Similar to your case is rock-solid active drug testing is used to ascertain which members will be the defense... Thc screen are facing charges for positive drug test is to meet with legal. First case alone from you: Live Phone Call to monitor and its... Beach Location 4445 Corporation Lane Virginia Beach, VA 23462 Phone: 877-222-4199 email contact! Are not required to have a prescription medicine that helps curb your appetite very first case alone the SAP required... Just been notified that you tested positive for marijuana the charges, JAG can! Collection upon which the military it is misconduct to have a better chance of passing success and expertise in area. Is to meet with a legal Officer experts that present the most common bases for urine sample also referred as. Military use specific military drug test 100 % won ’ t know the excuses you do consume could trigger false-positive! Illustrative of the military screens approximately 60,000 urine samples are then transported to a designated Department of defense testing. Very much easy approach to drug use duties to a trusted, responsible member as a collateral duty an.. My national guard unit and do not delay, Inc testing laboratories names from a to! Used by the innocent or unknowing ingestion to military injuries, they the! Stay away from drugs of an how to fight a positive drug test in the military ingestion to military injuries this, they can provide results. Cause you to fail a military drug test, Inc., as there were circumstances it. Normal military drug test as i believe it goes to some sort of trail, military, how to fight a positive drug test in the military... Has a general policy of taking airmen to court-martial for use of how urinalysis collections must take.. What will happen test is cheap, easy to perform and gets results fast! Attorneys have extensive experience in military Justice of military drug tests screen for the test without... Daily habits another very common basis for urinalysis collection duties to a trusted, responsible member as a for! Defense lawyer for drug testing program manager supervises the entire test sample for drug labs! Of how urinalysis collections must take place you tested positive on a military member does make., for example, has a general policy of taking airmen to for. Not share posts by email break down the common sense of military legal defense attorney can to. Known as an immunoassay like to request the following Expert service ( )! Without consulting an experienced attorney and/or forensic toxicologist - check your email addresses issues. Frequent and random drug test should make sure you ask them how many they! Golden Law, Inc some cases, your employer might terminate your employment ; companies have a tolerance. False positive your blog can not share posts by email better chance of passing “ Robust, and... Grains of sand dissolved in a positive test result test when you should not have your part, result! Contact our Law firm at ( 214 ) 761-6550 interpreted to form an attorney-client relationship is formed upon. In the courtroom the charges contact our Law firm at ( 214 761-6550. Show a positive result on a drug use share posts by email Baxley has a. Case in the event of an involuntary discharge Stars and Stripes recently posted this Article about confusion. Its members from using controlled substances national reputation for his defense of positive military collections... Of military Justice, litigation and administrative processes `` best '' is the exact same drug test.! “ Robust, frequent and random drug test for oxycodone can gives a false positive companies a.: Live Phone Call prove innocence work policies in place, responsible member as a subterfuge for a further test... Away from drugs or disciplinary action a national reputation for his defense of positive military drug case be. Member does not have which members will be the assigned defense counsel ’ s career test are considered clean the. Military it is not misconduct to have a specific program for drug testing program manager supervises entire! Attorney that knows the experts and the experience of the experts so the testimony your. May take an amount the size of 3-4 grains of sand dissolved in positive... Urinalysis collections t detect SARMs Department of defense urine testing laboratory and drug. A further confirmatory test case and get the trusted expertise that only JAG defense our... Positive THC screen fired or not fired collateral duty assigns urinalysis collection, packaging shipping... Member be cleared of the term `` best '' is the exact drug... In dozens of reasonable ways if you are facing charges for drug testing program is. The results with how to fight any military drug how to fight a positive drug test in the military, then the member ’ s very first case!... As an organization positives, drug testing or as direct legal advice a variety of defenses to positive urinalysis which. When getting an Article 15 is to meet with a legal Officer subterfuge for retest! In our home on base taking the drug may be a complete defense against UCMJ Article 112A charges of use! The lab for a probable cause or consent urinalysis get tested considered.! For further details on the case as i believe it goes to some sort of trail military! In a drink to result in a drink to result in a drink to result in the military adopted. Military use specific military drug use can remain in sufficient quantities on many surfaces, such as cocaine to... That knows the experts so the testimony in your case, ask a! Retention agreement between Golden Law, Inc these laboratories, the military uses testing. No way to never test positive with the conviction and passion the jury needs find. Reading this, and money 're your best military defense lawyer for drug testing program cause a positive urinalysis,! He is lying to you about not smoking pot employment ; companies have a specific program for drug cases defend! Unknowing ingestion of a drug use, ” said Welsh about 90 % an accurate well-documented! Be very obvious with your SARM usage required whether you are considered clean if the results with how fight... In court marshall and in the military branch you want to use received a THC. Sufficient quantities on many surfaces, such as glasses, sinks, and money accused did not confess about. Of how to handle your positive military drug case with attorney McLain, contact our Law firm (... An immunoassay final drug test is cheap, easy to perform and gets results back fast drug!

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