Military Drug Test Defense Attorney

In the military, drug testing is a routine and frequent practice for active duty members. The frequency of drug tests can vary, but service members can expect to be tested at least once a year.

Yes, the military can drug test service members without warning. This practice is commonly implemented through "random urinalysis," a key component of the military's approach to enforcing its zero-tolerance policy on drug use.

In addition to random drug testing, the military may also conduct drug tests based on probable cause. This means that if there is reasonable suspicion or evidence indicating that a service member may be using illicit substances, military drug tests can be mandated. Probable cause testing is typically based on specific indicators such as observed behavior, physical evidence, or information from reliable sources.

Military members undergo urinalysis testing to detect the use of any controlled or illegal substance. Military urinalysis testing is a screening method used to detect the presence of prohibited substances in a member's urine sample. It works by analyzing the urine sample for the presence of specific drug metabolites.

The military tests urine samples for both illicit substances (drugs) and some prescription medications. Some of the more common drugs that are tested for include marijuana, cocaine, and methamphetamine. Tests may also screen for opioids such as heroin, oxycodone, hydrocodone, and fentanyl, as well as LSD, barbiturates, morphine, steroids, and ecstasy. Prescription medications like Xanax and Valium may also be tested for. 

Yes, every service member gets drug tested at MEPS (Military Entrance Processing Station) as part of the enlistment process.

No, the standard military urinalysis does not test for alcohol. The primary focus is on detecting the use of illegal drugs and controlled substances.

Yes, false positives can occur in military drug tests, although they are relatively rare due to the rigorous standards applied in both the collection process and the testing process. Various factors can contribute to a false positive urinalysis result. These might include cross-contamination during sample collection, errors in the handling of samples, or the presence of certain legal medications and over-the-counter products in the service member's system that can mimic the presence of illegal or controlled substances.

To mitigate the risk of false positives, the military employs strict protocols for collecting and handling urine samples. Additionally, when a test initially indicates a positive result, confirmatory testing is typically conducted. This secondary test is more precise and is designed to validate the initial findings.

Yes, you can fight a positive urinalysis test in the military. Challenging the test results typically involves questioning the testing process or presenting evidence that may explain the positive result, such as prescribed medications or other legitimate factors.

If a service member fails a military drug test, it can lead to serious consequences. The specific outcomes may vary depending on the specific military branches, the circumstances of the failed drug test, and the service member's prior record. Some possible outcomes include:

• Mandatory Processing: The service member may receive notification of separation processing due to a positive drug urinalysis and has the option to request a hearing while being entitled to legal representation, including civilian counsel. It’s important to remember that this does not automatically mean mandatory separation, as the charges can still be fought.
• Nonjudicial Punishment: In some cases, a service member may face nonjudicial punishment, often referred to as "Article 15" in the Army and Air Force or "Captain's Mast" in the Navy and Marine Corps. This can result in various penalties, such as a reduction in rank, forfeiture of pay, extra duties, or restriction to the base.
• Administrative Discharge: Depending on the severity of the offense and the branch's policies, a failed drug test can lead to administrative discharge. This type of discharge may include a General or Other Than Honorable Discharge, which can have significant consequences for the service member's future civilian life, including limited access to veterans' benefits.
• Court-Martial: In cases involving serious drug offenses or repeated violations, a service member may face a court-martial, which is a military criminal trial. Conviction in a court-martial can result in severe penalties, including imprisonment, a dishonorable discharge, and a criminal record.

It's important to note that the specific consequences can vary, and military personnel who fail a drug test have the right to consult with legal counsel and present their case. It's crucial to seek legal advice to understand the best course of action and potential defenses if facing a failed drug test in the military.