how to fight a positive drug test in the militaryhow to fight a positive drug test in the military

This is doubly so in the military, as the consequences of a failed drug test will affect you even after your time in the service. Step 2: Ask your doctor or pharmacist. Also, depending on the call of the branch of service, recruits who end up getting a positive test result can reapply. You can challenge the way the sample is collected, the way it was handled, and the way it was tested. Positive results will have drug traces equal to or above the predetermined threshold. Depending on the branch of service, recruits who test positive for drugs may be able to reapply 90 days after their previous test. This will help counter any case against you. Throughout much of this process, service members may not be assigned a free military defense counsel until its too late. Negative characterizations of service will follow you forever. There are certain cases wherein the samples are mishandled or mislabeled, resulting to questions regarding the result accuracy. The good news is that while mandatory processing is expected, mandatory separation is not. If we can demonstrate that there were errors in the collection or testing process, those errors cast doubt on the integrity of accuracy of the test results. Advice When Your Son is Accused of Misconduct in the Military, Steps to Take if You Have Been Accused of a Military Sex Crime. You can learn how to fight a positive drug test in the military by reading for the next 7 minutes. If a test comes back With this firm stance and policy surrounding drug usage and testing, many service members may think that if their results come back positive, they will automatically face the consequences and have their careers severely damaged. The containers are boxed into batches, and the test administrator commences with the chain-of-custody document for every batch. If you have a positive military drug test, do not delay. As such, service membersfrom Recruit to Generalare regularly tested for drugs to prove they are operating in their best physical and mental condition. Its important to go through the different ways that the test could What Makes for The Best Court-Martial Lawyer 2023. In such cases, more sensitive tests are done to identify and differentiate medications and illicit substances. How to Overcome a Positive Drug Test in the Military, How to Request Your Military Service Records, Including Your DD 214. He can be reached at (202) 787-1900 orinfo@tullylegal.com. However, should you fail the second test, you Which method was used to collect the urine sample? There are many ways to advocate for yourself should your test come back positive. The Best Tactical Belts for Any Tactical Situation, What Does Stop Loss Mean in the Military? The resources in an administrative separation case for expert assistance from a chemist or toxicologist are always unavailable. To be fair, this is a justified rule and policy. Military members have an absolute right not to consent to providing a urine sample. 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. The reality is far different and certainly very troubling. There have been cases of samples being mishandled and/or mislabeled. Thesoldiersproject.org is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. In any urinalysis collection, each urine sample represents a military members career. 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 members service. Steps for the Employee: Call or fax the MRO office and request a retest within the 72 hour period Be prepared to submit payment in advance for the retest, typically around $200.00 As a result, any military member who tests positive on a urinalysis should consult with an experienced military attorney immediately. What Not to Say to a Military Recruiter & Other Tips? Hood: Why Soldiers Should Consider Hiring a Civilian Attorney, What It Means to Turn Down or Accept an Article 15, What You Need to Know About a General Court-Martial in 2023. Your Best Military Defense Lawyer | Golden Law, Inc. | Court Martial Defense for Drug Use | Your Best Military Defense | Golden Law, Inc. I am Everett Bledsoe, taking on the responsibility of content producer for The Soldiers Project. Each case is different and presents unique facts and legal issues. Generally speaking, applicants to the military are able to retake a failed drug test when at a Military Entry Processing Station (MEPS). The DoD instructions are very detailed and specific regarding handling and conducting the drug test. As former military members, JAG Defense Lawyers understand what you are going through and exactly how to handle your positive military urinalysis defense. Another very common basis for urinalysis collection is an inspection. Marijuana use is still a disqualifying offense for anyone hoping to join up. choosing a selection results in a full page refresh. Older Post Another way to fight back would be if you could prove you unknowingly ingested the drug. Over the course of his career, Grover H. Baxley has built a national reputation for his defense of positive military urinalysis cases. The consequences for a positive drug test can range from administrative separation to court-martial, charges which can be debilitating to your career. Golden Law, Inc. is a law firm with attorneys licensed in California, Illinois, and Michigan. Despite going through a challenging situation, failing a military drug test does not really mean that everything is over. 10/95-97 Sukhumvit 13 Biz Concierge Executive Suites, Khlong Toei Nuea, Watthana, Bangkok 10110, Thailand, Ways to Clean Out Your System in 24 Hours. If you are in the military, there is no doubt you have heard the term zero tolerance when it comes to the topic of drugs. Once collected and packaged, the urine samples are then transported to a designated Department of Defense urine testing laboratory. However, should you fail the second test, you can be barred from serving in any branch of the military going forward. When providing a urine sample during a drug test, the Unit Prevention Leader, or UPL, should be notified as well. Depending on which type of drug returned a positive result, the consequences could be more serious. These instructions must be followed exactly to ensure a proper collection and chain of custody. Even though your test came out positive, you did not use the drug intentionally. What are the Benefits of Hiring a Civilian Defense Attorney in a Military Sexual Assault Case? If you are going to be entrusted with protecting and serving our nation, then there is an expectation that you are not doing it while under the influence of any illicit substances. If you innocently ingested a substance (which can happen in a variety of ways especially in this day and age), then you are not guilty. How To Fight A Positive Drug Test In The Military. 396 views, 4 likes, 0 loves, 0 comments, 0 shares, Facebook Watch Videos from Radio Tlvision Djibouti: Journal du 15H du 31/08/2022 M-VETS says in these cases you're looking at a general discharge at best, or dishonorable discharge at worst. Your young inexperienced assigned defense counsel doesnt know the secrets beat a drug use case in the military. The collection process is detailed, and the testing procedure is scientific. Most commonly, positive drug results come after a weekend of partying. When necessary, Golden Law partners with appropriately licensed attorneys to ensure compliance with relevant jurisdictional requirements. To do this, you will need the help of a reliable attorney, who is equipped with expertise and experience. What is DEP Military? An inspection may not, however, be used as a subterfuge for a probable cause or consent urinalysis. Is It Risky to Buy a Home Before a Recession. The samples that test positive for the presence of drugs will undergo the same screening to prove accuracy. Nothing on this website should be interpreted to form an attorney-client relationship or as direct legal advice. However, should you fail the second As with most careers, drug usage is always something to be conscious of since the consequences can be catastrophic. Even if the odds may seem impossible, it's worth it to know how to fight a positive drug test so you can best protect your reputation and military career. There are many ways to advocate for yourself should your test come back positive. They stay in place even , There are so many different policies in the military that its hard to keep track. However, it is mandatory processing, not mandatory separation. What Should I Do if Ive Been Accused of Going AWOL? The , Red tactical headlamps are among the many gears that military personnel strap onto their bodies and bring along with them all the time. Most often, a computer program is used to ascertain which members will be tested on any particular day. On average, the military screens approximately 60,000 urine samples per month at its multiple urinalysis testing laboratories. Each service typically assigns urinalysis collection duties to a trusted, responsible member as a collateral duty. The , Whether youre planning to go to the woods or range, a tactical backpack comes in handy. 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. The Air Force tends to litigate more prosecutions at courts-martial than the other branches. As such, service members -- from Recruit to General -- are regularly tested for drugs to prove they are operating in their best physical and mental condition. Phone: Marc brings his extensive legal experience to Tully Rinckey from the United States Marine Corps and two private law firms. How To Fight Back WebTo combat widespread drug use among the military during the 1980s and earlier, the DoD implemented an aggressive drug testing policy. The best tactical belts are made of strong webbing and durable buckles. Our attorneys have extensive experience in presenting compelling evidence and argument supporting the possibility of an unknowing ingestion to military injuries. Historical results and subjective opinions regarding cases and professional ability are intended to be illustrative of the general capabilities of Golden Law, Inc. 4.4K views, 492 likes, 147 loves, 70 comments, 48 shares, Facebook Watch Videos from NET25: Mata ng Agila International | April 11, 2023 Called me into their head office 4/25/22 to discuss the drug test taken on 2/14/22 and stated my drug test that was cleared on 2/18/22 contains a small but questionable amount of opiates. You need to force the government to prove that you did and not just accept it based on a positive result. You need the best military defense lawyer for drug cases to defend you. One of the many things , Swearing-in is a formal ceremony that marks the start of your career in the military. However, if the drug test is negative, it typically takes 1 to 3 days for the results to be returned. The tests usually come in the form of urine tests, with the goal of monitoring the presence of substances that are controlled. With your career on the line, you should be sure the process was done correctly. A lesser used defense is lab error. There are a few methods to fight a positive military drug test. Way it was handled, and the testing procedure is scientific prove that you did not use the drug.... Do not delay differentiate medications and illicit substances extensive legal experience to Tully Rinckey from United! Test, you should be notified as well are certain cases wherein the samples mishandled... Test Does not really Mean that everything is over failing a military,... Urine tests, with the goal of monitoring the presence of substances are! Military defense Lawyer for drug cases to defend you do this, you will need the military! 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