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Denver, CO Martial Law Blog

Monday, May 13, 2019

You’ve Failed a Military Drug Test: Now What?

To ensure that all of our military members are in the best condition for fighting (not to mention for representing our country), each branch of the military employs a drug-testing program in the form of a urinalysis. This active testing helps to deter members of the military from engaging in any controlled substance activity. All told, the military tests a whopping 60,000 urine samples each month. 

What Might You Stand to Lose?


Those who test positive will generally receive great disciplinary or administrative action against them, including court-martial. Each branch of the military has a “zero tolerance” policy when it comes to drug use of its members. 

If you have received notification that your urinalysis has come back positive and you have failed your drug test, it may feel as though everything that you have worked so hard for is gone. However, there is still hope. There are certain defenses to a failed drug test. The defenses include the following:

Error with Collection and/or Testing


Each urinalysis result can have a major effect on each member of the military. For this reason, there is a specific manner and chain of custody in which all samples must be collected as well as tested. Doubt can be cast as to the test’s accuracy when these steps have not been followed to the letter. If it can be proven that there have been errors in the collection or testing process, it can create doubt as to whether those test results were in fact accurate. 

Unknowing or Innocent Ingestion 


It is not misconduct for those in the military to test positive for drugs, but rather for them to knowingly and consciously using a drug or drugs. Therefore the government is obligated to prove that not only was the urinalysis positive, but that it was positive because the individual knowingly and consciously used an illegal substance. If the positive test was the result of a member unknowingly ingesting an illegal drug, then it is not considered to be misconduct. 

The Court Martial Law Division of Aviso Law LLC Can Help Those Who Have Been Made Aware of a Positive Urinalysis Test

Both of these defenses can be quite complex and it is recommended that you consult with a knowledgeable and experienced court martial attorney who understands both the military and the court martial process. 

At the Colorado law firm of Court Martial Law Division of Aviso Law LLC, we have experience with helping our members of the military who have been faced with a positive urinalysis. We understand the work that has gone into your military career and the significance of being found guilty. That’s why our attorneys will fight for you, as you have so courageously chosen to fight for our country. To learn more or to schedule a free consultation, visit us online or call us at 719-247-3111 today!

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