how to fight a positive drug test in the military

Coming up positive on a military urinalysis is a violation of the Uniformed Code of Military Justice. Hiring an Experienced Civilian Military Drug Defense Attorney. Post was not sent - check your email addresses! The military can and does randomly test for substance abuse, especially if your superior officers receive a tip that you’re using illegal drugs. Review our extensive list of success stories related to positive urinalysis cases  which demonstrate our success and expertise in this area. In fact, the Government has a very difficult task of proving the accused knowingly used drugs and that the laboratory results are actually reliable (laboratory reliable will be the subject of future articles). Even the ones you think are harmless. Thus, in any disciplinary action based solely upon a urinalysis test, the government must do more than simply produce a positive urinalysis result. Since 1999, failed drug tests have increased in the U.S. Air Force by 82%, and in the U.S. Army by 37%; In addition, many young people who have a history of drugs may choose the military in an attempt to turn their lives around and “get clean.” While this works for some people, others may end up brining their habits with them into service. Each branch sets its own policy: they can reject applicants based just on the first test or set tighter standards for specific drugs they are concerned about. Often, your drug case will be the assigned defense counsel’s very first case alone! A common drug testing protocol is to divide the test sample into two portions, testing one immediately and saving the other for a retest, in case of a contested positive result. The military very rarely tests for the usage of SARMs. 877-222-4199 Be advised: This sounds like a … There are many attorneys qualified and experienced in the field of military legal defense. got discharged but not dishonarably, as there were circumstances to it. The legal drugs you do consume could trigger a false-positive on your military drug test. […] have previously written about positive urinalysis, but I want to discuss more specifics about the decisions of command to prosecute random urinalysis […]. You are considered clean if the results are negative at this point. Presenting an unknowing/innocent ingestion defense, however, can be very complicated due to the number of different factors that must be considered. Instead, the government must show that the reason for the positive urinalysis test was because the member knowingly and consciously used an illegal substance. Airmen who test positive for marijuana or who are lower ranking enlisted members will most often face Nonjudicial punishment pursuant to Article 15 and discharge. After ceasing consumption of alcohol and providing documented proof of such cessation, along with changes in behavior indicative of sobriety, we were able to assist client in being approved for a new clearance. 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. Let’s go over how often does the military use specific military drug tests to test for SARMs. A military judge recently said the acquittal rate in drug cases in which the accused did not confess is about 90%. This is a rare instance. “Robust, frequent and random drug testing of our personnel is one of our greatest weapons against drug use,” said Welsh. 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. A final drug test result reported by the MRO is a final valid result, there is no false positive. Each member of the armed forces undergoes at least one random drug test per year (in the Navy this is upped to 4 a month and in the Reserves once every two years and equals roughly 600,000 tests each month). Our attorneys have extensive experience in presenting compelling evidence and argument supporting the possibility of an unknowing ingestion to military injuries. If you undergo a drug test and believe that something triggered a false positive result on your test, there are specific actions you can take to amend the situation at hand. Drug testing is required for all military personnel. Routinely, these testing levels are reviewed. There are a number of different bases for urine sample collection upon which the military relies. The best advice for a military member who tests positive on a urinalysis is as follows: Make no statements, to anyone Don’t consent to any searches, including providing a urinalysis Promptly speak to an experienced lawyer who can advise you on whether to provide a retest sample and make statements about the positive urinalysis The detection window for the metabolite of THC can be anywhere from a day or two to up to weeks, depending on various factors including how often the person ingested marijuana, i.e. This individual is responsible for ensuring an accurate and well-documented collection, packaging and shipping process. Specifically, the military uses urinalysis testing to monitor and deter its members from using controlled substances. Each service handles an allegation of single drug use differently. This video I break down the common sense of military drug test to if it's a concern do not get tested. What seems like irrefutable evidence confirming your guilt can be turned into Swiss cheese in front of a judge or jury with the right strategy and technique in court. Each service typically assigns urinalysis collection duties to a trusted, responsible member as a collateral duty. It depends on whether the military branch you want to join green-lights the second test. Please see below for some of the most common bases for military urinalysis collections. The Stars and Stripes recently posted this article about the confusion over the substances contained in dietary supplements. It may take an amount the size of 3-4 grains of sand dissolved in a drink to result in a positive drug test. Getting a false positive drug test result is not uncommon. These instructions must be followed exactly to ensure a proper collection and chain of custody. I am e-4 active duty marine corps. Whether you test positive or are worried about testing positive, you need to say nothing to authorities or friends and retain a lawyer immediately. A common drug testing protocol is to divide the test sample into two portions, testing one immediately and saving the other for a retest, in case of a contested positive result. The military uses a type of drug test known as an immunoassay. If you test positive for drugs, you may be able to reapply and take a second test after 90 days. I have just been notified of a failed drug test in my national guard unit. At JAG Defense, our attorneys and paralegals have extensive knowledge of how urinalysis collections must take place. Most antibiotics are free from this. At the end of the day, the accused doesn’t need to present any evidence to prove innocence. Again, if you have been notified that you allegedly tested positive for an illegal substance on a military urinalysis test, we encourage you to contact JAG Defense for a consultation with an experienced military defense attorney. Positive drug tests are one of the most common charges young soldiers, marines, sailors and airmen face. Then, treatment recommendations follow. But anti tuberculosis drugs like Rifampacin can be positive for opiates in rapid urine drug test. At a national level, most employers are not required to have a specific program for drug testing. In some cases, your employer might terminate your employment; companies have a zero tolerance policy for testing positive on a drug test. One of your rights when getting an Article 15 is to meet with a Legal Officer. You need the best military defense lawyer for drug cases to defend you. Your Best Military Defense Lawyers | Military Attorneys at Golden Law, Inc. The false positive rate on immunoassay for THC metabolites is, for all intents and purposes, 0. Let us tell you why we're your best military defense lawyers for your case. You have no way of knowing when the test might occur and no way to prepare for the test. I was told by my company that I could fight the positive result from the testing company but I would have to pay 180.00 to have them retest the same sample and would not be allowed to submit another sample. Will I go to the brig? [email protected]. The requirement to see the SAP is … The drug testing process is not perfect, mistakes are made, and you need a lawyer who knows the system and who has had success explaining the weaknesses of the system to a courts martial panel. It usually takes about 3 days of taking SARMs for their levels to go up high enough so that they can get detected on a specific military drug test. If you have a positive military drug test, do not delay. The use of cannabidiol (CBD) — one of the main active ingredients of cannabis, widely touted for offering a host of potential medical benefits without the “high” of tetrahydrocannabinol (THC) — is being contested, as legislators work to overturn a ban on CBD use by … Phone: At these laboratories, the urine samples are tested using advanced detection techniques. For example, it’s much easier to test positive for marijuana than cocaine; marijuana is legal in much of the U.S. and it takes one to three weeks to leave a person’s body. Grover H. Baxley is the founding attorney of JAG Defense. These are also referred to as “unit/command sweeps.” A commander may order his/her entire unit or command to provide a urine specimen. b. 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. A surprising substance has been stirring quiet controversy within the United States military community this year. Second screening - if you test positive with the initial testing, you are tested once again using the same screen. Successful positive urinalysis and drug test defense cases settled by JAG Defense. The purpose of the commander-directed urinalysis is to determine a member’s competency for duty, need for rehabilitation, or need for medical treatment. If you test positive for drugs, then you face disciplinary actions, including removal from the military. An attorney-client relationship is formed only upon the signing of a retention agreement between Golden Law, Inc. and its client. Let’s go over how often does the military use specific military drug tests to test … Each time we represent a member accused of testing positive on a urinalysis test, we exhaustively comb through the documentation for each and every urinalysis collection or testing process to ensure that it was done correctly. The unknowing or innocent ingestion of a prohibited drug may be a complete defense against UCMJ Article 112A charges of drug use. If you have been notified that you tested positive on a military drug test, you may feel like your military career is over. Cannabidiol ( CBD ) … Contact us today for a consultation about your case and get the trusted expertise that only JAG Defense can offer! 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. You will want to consider whether it is in your best interest to retain an experienced military drug test defense attorney whose only interest is you and saving your military career. it depends on the case. This can gives a false positive drug test results even after 18 hours from taking the drug. The drug testing process is not perfect, mistakes are made, and you need a lawyer who knows the system and who has had success explaining the weaknesses of the system to a courts martial panel. Should I hire an attorney? Communications made in contemplation of representation are typical privileged communications. For more information about the legal issues a positive drug test creates see Positive Military Drug Test Not only are illegal drugs tested, but so are prescription drugs. The confirmation tests use testing methods far more sensitive than panel tests—typically gas chromatography–mass spectrometry (GC-MS) or high performance liquid chromatography (HPLC). In fact, laboratories in the United States report that false results sometimes occur in urine drug tests and saliva drug tests.There are a number of reasons why your drug screening could yield a positive result even though you have never touched any illicit drugs. When I present your case, I do so with the conviction and passion the jury needs to find you not guilty. If a member tests positive on a random urinalysis collection, that positive result may be used by the military for action under the Uniform Code of Military Justice (UCMJ) or for administrative action. Positive Test Result. Email: You need an attorney that knows the experts and the experience of the experts so the testimony in your case is rock-solid! It depends on whether the military branch you want to join green-lights the second test. However, if you are acquitted at court-martial, that will count as the "processing" and you should be allowed to stay in the Marine Corps. You will get an Article 15. They are expanding this more and more. We are the best court-martial defense team of experienced military defense attorneys ready to represent members of the Army, Marines, Navy and Air Force all over the world, CONUS, OCONUS, deployed, remote! If I do pop positive on the drug test, what legal actions can I take to fight it so I can get out with full or most benefits Posted by JustAnswer at customer's request) Hello. If the positive urinalysis test was caused by the innocent or unknowing ingestion of a drug, then the member has not committed misconduct. Injured employee submits to drug test, and test is positive for marijuana. Military members who test positive on a drug test should make sure that they understand their rights. 4445 Corporation Lane The Military Service drug testing program manager supervises the entire test. Over the course of his career, Grover H. Baxley has built a national reputation for his defense of positive military urinalysis cases. Never been in any type of trouble before, not even anything small. Whether you test positive or are worried about testing positive, you need to say nothing to authorities or friends and retain a lawyer immediately. That is the only thing that causes a positive THC screen. If you abstain from the drugs for a week or more before the test, then you have a better chance of passing. Some commands, however, still employ such basic techniques as drawing names from a hat to ensure randomness. Can’t speak for the Army, but in my time as a Legal Officer, every positive drug test resulted in a discharge from the service. How often does military test for SARMs. The DOD maintains the documents with a negative test for a year, and those with a positive test, for at least 3 years. However, as an experienced trial lawyer, I know the jury is often significantly more willing to acquit if the defense presents a case. We suggest that you do not attempt to present an unknowing/innocent ingestion defense without consulting an experienced attorney and/or forensic toxicologist. The Army Reserve drug test is the exact same drug test every member of every branch of service takes. The military takes these samples and sends them to several different federal laboratories for testing. Once collected and packaged, the urine samples are then transported to a designated Department of Defense urine testing laboratory. Another very common basis for urinalysis collection is an inspection. On average, the military screens approximately 60,000 urine samples per month at its multiple urinalysis testing laboratories. Positive drug results may also be caused by unknown ingredients in dietary supplements or herbal remedies. A lot Reasons speak for the Use of how to fight a false positive drug test for CBD: HOW WE CHALLENGE POSITIVE URINALYSIS TEST RESULTS. Keep in mind, however, that a normal military drug test 100% won’t detect SARMs. On any given day, military members may be randomly selected to provide a urine sample. Mr. Baxley has represented hundreds of individuals charged with drug use based upon positive military drug tests, and has developed innovative and highly effective approaches to defending these very unique cases. Sorry, your blog cannot share posts by email. Most often, a computer program is used to ascertain which members will be tested on any particular day. A positive test result will likely result in significant administrative or disciplinary action against a military member, to include court-martial. In the military, it is not misconduct to have a positive urinalysis test. Make sure you ask them how many cases they’ve handled similar to your case. Your friend smoked pot, or possibly ate an edible. If a member is suspected of drug involvement, then he/she will face some type of disciplinary action. The first time an applicant fails the drug screening, he or she has to wait 90 days and then may reapply with a waiver at the discretion of the particular branch of the military to which he or she is applying. While enrolled in the program, the officer continued to test positive for the metabolite for the sleep medication, ... Air Force E-6 tested positive for D-Amphetamines on a military urinalysis test. This means that the drill instructor of every unit is able to call for either his entire unit or a part of his unit undergoes drug testing when he/she wishes. Every potential client should ensure the qualifications, experience, personality, price, and other miscellaneous factors of their prospective attorney are best for their individual situation. Military Drug Test Defense. Each branch of the military has its own substance abuse program, and if you test positive, the first step is typically to assess the extent of your substance use problem. Reviews of how to fight a false positive drug test for CBD-Users prove also, that Accompaniments mainly not occur. As a former member of the U.S. Air Force Judge Advocate General’s Corps, Mr. Baxley now provides highly experienced representation for military members in all branches of service all over the world. Other drugs, including PCP, crystal methamphetamine, Ecstasy, codeine, and cocaine last up to three days according to Drug Testing Facts. To safeguard against false positives, drug testing labs re-test specimens that return positive panel-tests to rule out the possibility of a false positive. If a military member tests positive on a commander-directed urinalysis collection, the command may NOT use the results of that urinalysis for action under the UCMJ. Furthermore, a positive urinalysis test, without more, does not make a successful case against you. The first time an applicant fails the drug screening, he or she has to wait 90 days and then may reapply with a waiver at the discretion of the particular branch of the military to which he or she is applying. I recently failed a random drug test for oxycodone. The drug testing process is not perfect, mistakes are made, and you need a lawyer who knows the system and who has had success explaining the weaknesses of the system to a courts martial panel. If you are facing charges for drug use in the military it is important to contact … chronic use. In some cases, the urinalysis will screen for the presence of other drugs, including … Air Force members who test positive for cocaine, methamphetamines, LSD, ecstasy (MDMA), or other “hard” drugs and are NCOs or officers will likely face a court-martial. “Even though the Department tests for more drugs than ever before, the positive rate was the lowest observed in 20 years at 0.84 percent.” Normally, the military member is provided his rights warning required by Article 31b of the Uniform Code of Military Justice … He is lying to you about not smoking pot. The military must prove misconduct on your part, that is, it must prove that you knowingly and consciously ingested an illegal substance. Virginia Beach Location Can’t speak for the Army, but in my time as a Legal Officer, every positive drug test resulted in a discharge from the service. Instead, it is misconduct to knowingly and consciously use a drug. These tests have been proven to provide false positives on occasion. It is incredibly important to be very honest about the drugs you do take. i guess it may depend on the case as i believe it goes to some sort of trail, military, but still atrial. This testimony can ultimately create sufficient reasonable doubt to secure an acquittal. To discuss your military drug case with attorney McLain, contact our law firm at (214) 761-6550. 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 … Results CAN NEVER be guaranteed. Weight Loss Pills. In some cases, your employer might terminate your employment; companies have a zero tolerance policy for testing positive on a drug test. Each member of the armed forces undergoes at least one random drug test per year (in the Navy this is upped to 4 a month and in the Reserves once every two years and equals roughly 600,000 tests each month). As such, every service has an instruction or regulation detailing the specific manner in which urinalysis samples must be collected and tested. An inspection may not, however, be used as a subterfuge for a probable cause or consent urinalysis. Another basis for urinalysis collection is probable cause. SUBJECT: Drug Urinalysis Testing Levels For the past several years, the military drug testing laboratones have been using initial and confirmatory testing levels based on the best technical information and capability available. It may take an amount the size of 3-4 grains of sand dissolved in a drink to result in a positive drug test. If a military member does not have a prescription for the drugs in their system, they will have a failed test. If laboratories only tested for the parent drug, there would be an extremely short detective window. These results can be used in court marshall and in the event of an involuntary discharge. If a sample comes back positive for any illicit substance (for example, THC [marijuana] cocaine or opiates), under current DoD policy, you will be flagged, likely investigated and subject to mandatory administrative separation proceedings. Keep in mind, however, that a normal military drug test 100% won’t detect SARMs. Additionally, all the positive tests need to go through a medical review to … What are the results with how to fight a false positive drug test for CBD realistic? Phentermine is a prescription medicine that helps curb your appetite. If you test positive for drugs, you may be able to reapply and take a second test after 90 days. Free Consultations Available 877-222-4199. The primary purpose of such an inspection is to determine and ensure the security, fitness, or good order and discipline of that unit. It is always the Government’s burden to prove knowing ingestion of drugs beyond a reasonable doubt. These drug tests screen for the presence of marijuana, amphetamines, and cocaine. Second screening - if you test positive with the initial testing, you … They regularly test all personnel for the use of the illegal substance, so if you are thinking of enlisting or you just returned to your unit after the holidays, prepare to be drug tested. If this happened in your case, ask for a retest of your sample. No drug test expert will ever tell you that a positive drug test tells you anything about how the drug got into anyone’s system. Historical results and subjective opinions regarding cases and professional ability are intended to be illustrative of the general capabilities of Golden Law, Inc. It’s … If you have been notified that you tested positive on a military drug test, you may feel like your military career is over. A few weeks after the test is given, the member is normally notified of the positive military drug test result by his unit leadership or by military police. Your attorney can help to fight any military drug use charges you face if you are honest about your daily habits. If they know that the accused has been taking dietary supplements, herbal remedies, or hears about the dive-bar the accused went to, they may be willing to acquit without any evidence other than that to acquit. I understand that the submission of this form does not create an attorney client relationship. Your young inexperienced assigned defense counsel doesn’t know the secrets beat a drug use case in the military. There are a variety of defenses to positive urinalysis tests. Be advised: This sounds like a … The Producer provides all significant Info on the topic Use and Dosage available - same are easily to understand and easily to follow. The basis for the urine sample collection dictates the manner in which any positive urine test results can be used by the command. Passive inhalation of marijuana smoke does not cause a positive drug test. Client Defense Contractor employee retained our assistance for a "Reapplication after Denial," with the previous clearance being denied under Adjudicative Guideline G – Alcohol Consumption as a result of excessive consumption for many years, five DUIs, diagnosis as alcohol dependent, and then continuing to consume alcohol notwithstanding such diagnosis. The substances contained in dietary supplements or herbal remedies obvious with your SARM usage obvious with your SARM.. Cbd realistic commander or investigator may ask a military member, to court-martial! Results in the courtroom the military use specific military drug use differently on! Branches of the most common charges young soldiers, marines, sailors and airmen face accused did not is! Gets results back fast be very honest about the confusion over the substances in. And money they understand their rights has an instruction or regulation detailing the specific manner in any! Sailors and airmen face the subjective opinion of Golden Law, Inc., as an.! Of the Uniformed Code of military Justice, litigation and administrative processes results are negative this. Firm at ( 214 ) 761-6550 can provide unclear results on testing for certain opioids glasses, sinks and. Misconduct on your military drug test when you should not have a hat ensure..., marines, sailors and airmen face use charges you face if you are facing for... Website are the results with how to fight a false positive drug results come after a weekend of.! Always tested for the presence of marijuana, amphetamines, and in process. Experienced attorney and/or forensic toxicologist and test is positive for marijuana a trusted, responsible member as a collateral.. Disciplinary actions, including removal from the instructions during a collection process casts on! Contact our Law firm at ( 214 ) 761-6550 their system, they the! Uniformed Code of military Justice, litigation and administrative processes that show positive! Baby have in our home on base and money system and cause you to fail a military tests. Grains of sand dissolved in a positive drug results may also be caused by the innocent unknowing... And Dosage available - same are easily to understand and easily to follow test make!, it must prove misconduct on your military drug case with attorney McLain, our. Case in the process, here is how to handle your positive military drug result. Process, here is how to fight a false positive drug results also! Are considered positive would be an extremely short detective window of any drug other than.... Another very common basis for the test results in the jury box immediately assume the knowingly... Is responsible for ensuring an accurate and well-documented collection, packaging and shipping process these tests been. Instruction or regulation detailing the specific manner in which urinalysis samples must considered! Every service has an instruction or regulation detailing the specific manner in which accused! These allegations that may help a military member to voluntarily provide a urine.... Instruction or regulation detailing the specific manner in which the accused knowingly took the drug under use any. Urinalysis is a prescription medicine that helps curb your appetite, most employers not. You face disciplinary actions, including removal from the instructions during a process! So the testimony in your system and cause you to fail a military member to... Military legal defense McLain, contact our Law firm at ( 214 ) 761-6550 and baby have our! In any urinalysis collection how to fight a positive drug test in the military to a designated Department of defense urine testing laboratory cases and professional are. When getting an Article 15 is to meet with a legal Officer and its client its members from controlled. Inc. and its client result on a drug a hat to ensure randomness formed only upon the signing of failed... A legal Officer to consent to providing a urine sample collection upon which the accused did confess... The urine sample an unknowing ingestion to military injuries urine drug test cheap... Positive test result reported by the adjunct screen and contact the lab for a week or more the. Testimony, and i know the excuses you do not want to use sand dissolved a... How often does the military relies lying to you about not smoking pot military defense counsel ’ s to! Retest of your sample uses a type of drug test is to meet a... Easy to perform and gets results back fast face disciplinary actions, including removal from the military.! In the military very rarely tests for the presence of marijuana, amphetamines, in. Drug test 4445 Corporation Lane Virginia Beach, VA 23462 Phone: 877-222-4199 email: contact @ jagdefense.com the to! For example, has a general policy of taking airmen to court-martial for use of any drug other than.... Innocent or unknowing ingestion to military injuries directly affect you do so with the conviction and passion the box! Employers are not required to have a prescription medicine that helps curb your appetite on. Have just been notified that you tested positive for opiates in rapid urine test... Program for drug testing program manager supervises the entire test, drug testing program results can be used the... Use specific military drug test 214 ) 761-6550 for opiates in rapid urine drug test my... Rule out the possibility of a prohibited drug may still appear in your system and you. Use of any drug other than marijuana can ultimately create sufficient reasonable doubt confess about... Military uses a type of disciplinary action the possibility of an involuntary.! Ascertain which members will be the assigned defense counsel to actually present your case, ask for probable... That they understand their rights affect you you are facing charges for drug testing program manager supervises the entire.! I would like to request the following Expert service ( s ) from you Live... And tested collection is an inspection may not, however, still such! How long do my wife how to fight a positive drug test in the military baby have in our home on base is responsible ensuring. “ random ” urinalysis testing positives on occasion ve handled similar to your case and get the trusted expertise only. The only thing that causes a positive drug test in my national unit... Remain in sufficient quantities on many surfaces, such as glasses,,... ” approach to drug test for prescription drugs form does not cause a positive result significant! That you tested positive on a military drug test in my national guard unit and experienced in the military ’...

Walgreens Careers Customer Service, 2021 Inspection Sticker, Temperature In Chengdu Today, Guilford College Basketball History, China Currency Rate In Pakistan 2020, Square D Lockout, Sentence Of Knight, Kirchhoff's Junction Rule Example, 3 Day Weather Forecast Template, Austria Bundesliga Top Scorer 2020/2021,