What if You Fail a Drug Test in the Marines?

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Drug testing in lab

The marine corps takes drug testing very seriously, regularly subjecting military members to a urine test. When a urinalysis result is positive, it can have a big impact on your career – and your life. A positive urinalysis test can lead to a variety of consequences. It can even lead to a court-martial charge. Marines generally face Mast/NJP and a subsequent administrative discharge proceeding.  

It all depends upon things such as your service, your rank, and the type of drug that has been found in your system. Regardless of the specific factors, it’s important to know that a positive urinalysis doesn’t mean that your military career is over. You can fight against the charges.  

There are a few different methods for fighting for your military career. They include the following:

1. It was your first – and only – time. 

If you are aware that you used drugs and have confessed to doing so, you may want to prove to your higher-ups that you still meet the criteria to stay. In order to do so you must demonstrate the following:

  1. It was an experimental drug use (you only used it one time);
  2. This use was a total change from your regular behavior;
  3. You will not do so again;
  4. It is in the best interest of the military (based upon your history of service and your future potential) for the marines to keep you on.

2. There was an error with the testing process. 

Another potential argument that you can make with the marine corp. is that there was an issue or error with the testing process and therefore your positive result is unreliable. Errors with drug testing are not unheard of and can result in a false positive result. 

3. Ingestion of the drug was not intentional. 

The last common argument for maintaining your career with the marine corp. is by showing that you believe the ingestion of the drug was accidental. This is commonly referred to as accidental or unknowing ingestion and can occur when someone eats, drinks, or smokes something without knowing it contains a controlled substance. The level of drugs in your system can help to prove that this was done unknowingly. 

If you test positive for drugs, remember that you have the right to remain silent. You may wish to do so and contact a qualified military defense attorney who can help you to defend yourself and fight for your career. 

The Court-Martial Law Division of Aviso Law LLC Helps Military Members in Colorado Who Have Been Charged with a Crime

The U.S. Government is interested in obtaining a conviction as soon as possible, as it does not wish to gain negative publicity about one of its service members. That is why it is so important to consult with a knowledgeable and experienced military attorney as soon as possible. If you are a military service member and have been charged with a crime under the UCMJ, the Court-Martial Law Division of Aviso Law LLC can help. We proudly serve our military members, who sacrifice so much for our country. To learn more or to schedule a free consultation, contact us today!

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