Military service members are no strangers to drug tests. Most service members know that returning to their unit following a holiday interruption or menstruation of leave will more than likely bring the submission of a drug examination. This is because all branches of the military possess a "Zero Tolerance" arroyo to the apply of drugs. For this reason, a military notification of failed drug examination might make you feel as if your war machine career is over. This is not e'er the case. With an experienced military machine lawyer, there are ways to fight a positive drug test. In this post, Wilkie Law House will inform you lot of how to fight a positive drug examination in the military.

Military machine Drug Testing

To ensure an alert and responsive fighting force, the Section of Defence (DoD) conducts military drug testing regularly. They do this through the use of urinalysis testing to monitor the presence of any controlled substance. In fact, the DoD labs examination around 60,000 random urine samples every month. This doesn't only pertain to Air Force drug testing. Information technology also includes Marines drug testing also as Navy drug tests. Members of the Baby-sit and Reserves must also submit to drug tests at least once every two years.

How to Fight

There are a few ways for how to fight a positive drug test in the military. One way is to evidence that the service member unknowingly ingested the drug. If a examination comes back positive, the government must have more testify than but that urinalysis was positive. They must be able to prove that the reason for the positive issue was because the individual consciously ingested an illegal substance. If the fellow member consumed the substance without prior noesis, it is not considered misconduct and may allow an unknowing/innocent ingestion defense.

There is too the possibility that there were drove or testing errors made while handling the service member'due south sample. The DoD provides very detailed and specific instructions for how test administers should carry and handle each screening. Any deviation from these instructions, no affair how slight, can bandage doubt on the accuracy of the results.

At Wilkie Law Firm, Marine Corps veteran Aden Wilkie knows the ins and outs of how armed services drug testing must take place. He will comb through each record and document to ensure that every didactics was properly met. If at that place is a chance that errors got made in the collection, testing, or handling of your urine sample, our military drug crime chaser will discover them.

How Accurate are Military Drug Tests?

There are several protections that the military takes to ensure the exam results are accurate. To start, each individual must write their initials on the label of their own canteen. In that location is also someone present to observe the service member while they urinate into their bottle to ensure they exercise non attempt to cheat. The bottles are then boxed into batches, and the person responsible for administering the test will begin a chain-of-custody document for each batch.

The chain-of-custody is a legal document that requires anyone who'due south had contact with the bottle to sign. This may exist anyone from the observer to the person who puts the canteen in the box as well equally the person who takes it out. Essentially, the document provides a written record of anyone at all who had direct contact with the urine sample at whatever time. The document also applies to anyone who handles the sample in the lab. The names of each person and what they did to the sample must appear in this certificate to ensure its accuracy.

Can Yous Retake a Armed forces Drug Test?

If you lot are an active service member, you are non able to retake a failed drug test. Merely applicants looking to join the military can retake a failed drug examination.

At the discretion of the branch of service, new recruits who test positive on a drug screening are able to reapply. They may exercise so only after 90 days have passed since the concluding exam. Applicants who fail a drug test twice are automatically and permanently butterfingers from serving in any co-operative of the military.

What Happens When Yous Fail a Drug Test in the Military?

After a service fellow member takes a drug test, information technology will get sent to the lab. Once the sample arrives, it will undergo an immunoassay screening. This will indicate the presence of drugs as either negative or positive. Those that come up back positive undergo the same screening procedure to bear witness accuracy.

If the test appears positive after both tests, the sample will become through a much more than specific type of screening. The screening, called a gas chromatography/mass spectrometry test, tin can identify specific substances within the sample.

These screenings can bespeak the presence of marijuana, cocaine, LSD, opiates, amphetamines, barbiturates, and PCP. However, not every sample will e'er test for these all at once. Instead, each sample will test for marijuana, cocaine, and amphetamines. Tests for other types of drugs occur at random and on varying schedules for each lab.

The test must reach a sure level to be positive. Even if there are drugs in someone'due south system, if the level is below a certain threshold, it will come dorsum as negative. If the test does achieve that level and is positive, this signifies that the service member failed the drug test.

Declining a military drug examination volition most likely upshot in administrative or disciplinary action against the individual. It may fifty-fifty upshot in courtroom-martial charges.

Air Force members, either not-commissioned officers or officers, who examination positive for difficult drugs like LSD, cocaine, MDMA, etc. volition most probable face courtroom-martial charges. Airmen or other lower-ranking members who test positive for marijuana often confront Nonjudicial punishment in accordance to Commodity fifteen and discharge. Navy or Marine Corps members who neglect a drug test will likely face Mast/NJP and an administrative belch proceeding. Army and Coast Guard members of any ranking generally face Nonjudicial punishment in accord to Article 15 and an administrative belch.

How Long Does information technology Take For a Drug Exam to Come Back in the Military?

There is never a definite answer for how long military drug test results take. Generally though, if the drug test results are negative, it volition oft have somewhere betwixt 1 to iii days to come back. If the results are positive, it may take a scrap longer, often 3-5 days from the time the sample arrived at the lab. Results, regardless of whether they're positive or negative, get posted to the spider web portal for programme managers.

Why Should I Rent a Civilian Attorney Instead of Agile Military Counsel?

To protect your career, your future, and your name, hiring civilian counsel as opposed to active duty counsel is a much better option for several reasons. For starters, when you accept gratuitous legal counsel from the armed forces, your example is assigned to a lawyer just based on whoever is available at the moment. That means your own personal preferences will not exist taken into account. Simply put, yous become who you get. On the other hand, when you hire exterior legal counsel from a private civilian defence force attorney, you lot have the power to choose someone who y'all trust and experience comfy with. You lot have the ultimate say in who handles your case, and then y'all tin factor in your own preferences and requirements when choosing legal representation.

Another reward of hiring a civilian defense chaser is that they are not subject to intimidation or threats the manner military defence attorneys oft are. Things similar the chain of control, ranking, and supervisory concatenation of responsibility have no power over private attorneys. This means there is nothing to discourage them from pursuing anything but your best interests. For case, an attorney such as Aden Wilkie is not concerned with things like evaluation reports or opportunities for promotion. Unlike active military counsel (who must work under restraints by their chain of command), Aden simply does what is necessary to best protect the interests of his customer. There is no chain of command or other internal factors that may influence their duties when a civilian attorney takes on your example.

Yet another major benefit to hiring civilian counsel is the knowledge that they are 100% dedicated to your case and volition put in the necessary fourth dimension and try to create the strongest possible defense. As a private chaser who works for no one merely himself, Aden Wilkie can choose which cases he takes and when he takes them. He is careful to never overload his schedule so that he can dedicate enough time and resources to the cases he chooses. Armed services-provided counsel do not have this aforementioned luxury. They are responsible for taking any case that comes through their door, which often ways they are overworked and likely, overwhelmed. As a issue, they have much less time to focus on your individual case, which in turn can accept a significant impact on the effect of your case.

These are simply a few reasons why obtaining individual civilian counsel with experience in Military machine law oftentimes leads to a much better outcome than accepting uniformed counsel. Speak with Aden Wilkie at Wilkie Law House today and meet for yourself why he is the best fit for you.

Contact The Devil Dog Defender Today

If you're wondering how to fight a positive drug test in the military or if it's even possible, stop what you're doing and call the Devil Domestic dog Defender today. At Wilkie Police House, we provide aggressive criminal defence for war machine service members of all branches. Due to his unique background, Aden Wilkie has a special understanding of the rules and regulations surrounding war machine drug testing. He is well-suited to help members of the armed forces when they need legal back up the most.

Failing a drug test doesn't mean your military career has to terminate. Contact military defence lawyer Aden Wilkie today by calling 910-333-9626. You tin also visit our website to asking your free consultation.

Located in Jacksonville, Wilkie serves the entire state of Due north Carolina besides every bit its surrounding states.He is also able to service any military installation located in the United States, but travel fees will use. If you're located at Fort Bragg, Camp Lejuene, or whatsoever other military installation, y'all need the Devil Dog Defender on your side.