Armed forces service members are no strangers to drug tests. Most service members know that returning to their unit post-obit a holiday interruption or catamenia of leave volition more likely bring the submission of a drug test. This is because all branches of the armed forces possess a "Zero Tolerance" arroyo to the use of drugs. For this reason, a military notification of failed drug examination might make you feel as if your military machine career is over. This is non always the case. With an experienced military lawyer, there are ways to fight a positive drug examination. In this post, Wilkie Police force House will inform you of how to fight a positive drug test in the military.

Military machine Drug Testing

To ensure an alert and responsive fighting force, the Department of Defense (DoD) conducts war machine drug testing regularly. They do this through the utilize of urinalysis testing to monitor the presence of whatever controlled substance. In fact, the DoD labs test effectually 60,000 random urine samples every calendar month. This doesn't but pertain to Air Strength drug testing. It also includes Marines drug testing as well equally Navy drug tests. Members of the Guard and Reserves must too submit to drug tests at least in one case every two years.

How to Fight

There are a few ways for how to fight a positive drug test in the war machine. One style is to show that the service member unknowingly ingested the drug. If a test comes back positive, the government must take more evidence than just that urinalysis was positive. They must be able to prove that the reason for the positive result was considering the individual consciously ingested an illegal substance. If the member consumed the substance without prior knowledge, it is not considered misconduct and may let an unknowing/innocent ingestion defense.

There is also the possibility that at that place were collection or testing errors made while handling the service fellow member's sample. The DoD provides very detailed and specific instructions for how test administers should deport and handle each screening. Whatever difference from these instructions, no affair how slight, can cast uncertainty on the accuracy of the results.

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

How Accurate are Military machine Drug Tests?

There are several protections that the military takes to ensure the test results are accurate. To beginning, each individual must write their initials on the label of their own bottle. At that place is also someone present to notice the service member while they urinate into their bottle to ensure they do not try to crook. The bottles are then boxed into batches, and the person responsible for administering the test will begin a concatenation-of-custody document for each batch.

The chain-of-custody is a legal document that requires anyone who's had contact with the bottle to sign. This may exist anyone from the observer to the person who puts the bottle in the box likewise as the person who takes information technology out. Essentially, the document provides a written record of anyone at all who had direct contact with the urine sample at any fourth dimension. 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 document to ensure its accurateness.

Can You Retake a Armed forces Drug Test?

If you are an active service member, you are not able to retake a failed drug test. Merely applicants looking to bring together the military can retake a failed drug test.

At the discretion of the branch of service, new recruits who test positive on a drug screening are able to reapply. They may do so simply after 90 days have passed since the terminal exam. Applicants who fail a drug test twice are automatically and permanently disqualified from serving in whatever branch of the military.

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

Afterwards a service fellow member takes a drug test, it volition get sent to the lab. Once the sample arrives, it volition undergo an immunoassay screening. This will indicate the presence of drugs equally either negative or positive. Those that come back positive undergo the same screening process to bear witness accurateness.

If the test appears positive after both tests, the sample will go through a much more specific type of screening. The screening, chosen a gas chromatography/mass spectrometry test, can place specific substances within the sample.

These screenings can indicate the presence of marijuana, cocaine, LSD, opiates, amphetamines, barbiturates, and PCP. However, non every sample will always 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 certain level to be positive. Even if there are drugs in someone's arrangement, if the level is below a certain threshold, it will come dorsum as negative. If the exam does reach that level and is positive, this signifies that the service member failed the drug exam.

Failing a war machine drug test will most probable result in administrative or disciplinary activity against the individual. It may even outcome in court-martial charges.

Air Force members, either non-commissioned officers or officers, who test positive for difficult drugs like LSD, cocaine, MDMA, etc. will most likely confront court-martial charges. Airmen or other lower-ranking members who exam positive for marijuana often confront Nonjudicial penalty in accordance to Commodity fifteen and discharge. Navy or Marine Corps members who fail a drug test will likely face Mast/NJP and an authoritative belch proceeding. Army and Coast Baby-sit members of any ranking generally face Nonjudicial penalty in accordance to Commodity xv and an authoritative discharge.

How Long Does it Accept For a Drug Test to Come Dorsum in the Armed services?

At that place is never a definite respond for how long military drug examination results take. By and large though, if the drug examination results are negative, it will often accept somewhere betwixt 1 to 3 days to come dorsum. If the results are positive, it may have a bit longer, oft 3-5 days from the fourth dimension the sample arrived at the lab. Results, regardless of whether they're positive or negative, become posted to the web portal for programme managers.

Why Should I Rent a Civilian Attorney Instead of Active Armed forces Counsel?

To protect your career, your hereafter, and your name, hiring civilian counsel equally opposed to active duty counsel is a much ameliorate option for several reasons. For starters, when y'all accept gratis legal counsel from the armed forces, your example is assigned to a lawyer simply based on whoever is available at the moment. That means your ain personal preferences volition non be taken into account. Simply put, y'all get who you get. On the other hand, when you rent outside legal counsel from a individual civilian defense attorney, y'all have the ability to choose someone who you trust and feel comfortable with. Yous have the ultimate say in who handles your case, so you tin can factor in your own preferences and requirements when choosing legal representation.

Another advantage of hiring a civilian defense chaser is that they are not subject field to intimidation or threats the fashion military defense attorneys often are. Things like the chain of command, ranking, and supervisory concatenation of responsibility accept no ability over private attorneys. This means there is nothing to discourage them from pursuing anything but your best interests. For instance, an attorney such as Aden Wilkie is non concerned with things like evaluation reports or opportunities for promotion. Unlike active military counsel (who must piece of work nether restraints by their concatenation of command), Aden but does what is necessary to all-time protect the interests of his client. At that place is no chain of command or other internal factors that may influence their duties when a civilian attorney takes on your instance.

Withal some other major benefit to hiring civilian counsel is the knowledge that they are 100% dedicated to your case and will put in the necessary time and effort to create the strongest possible defence. Equally a individual attorney who works for no one but himself, Aden Wilkie tin choose which cases he takes and when he takes them. He is conscientious to never overload his schedule and so that he can dedicate plenty time and resources to the cases he chooses. Military-provided counsel do not have this same luxury. They are responsible for taking whatever instance 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 tin have a pregnant touch on the outcome of your example.

These are just a few reasons why obtaining individual civilian counsel with experience in Military law often leads to a much meliorate result than accepting uniformed counsel. Speak with Aden Wilkie at Wilkie Law Firm today and see for yourself why he is the best fit for you lot.

Contact The Devil Dog Defender Today

If you're wondering how to fight a positive drug exam in the military or if it's fifty-fifty possible, end what you're doing and call the Devil Dog Defender today. At Wilkie Law Firm, we provide aggressive criminal defense force for armed forces service members of all branches. Due to his unique groundwork, Aden Wilkie has a special agreement of the rules and regulations surrounding military drug testing. He is well-suited to help members of the armed forces when they demand legal support the most.

Failing a drug test doesn't mean your military career has to end. Contact military defense force lawyer Aden Wilkie today by calling 910-333-9626. Y'all tin can also visit our website to asking your free consultation.

Located in Jacksonville, Wilkie serves the unabridged land of North Carolina besides every bit its surrounding states.He is likewise able to service whatever armed services installation located in the United states, but travel fees will apply. If you're located at Fort Bragg, Camp Lejuene, or any other armed services installation, y'all need the Devil Domestic dog Defender on your side.