To be fair, this is a justified rule and policy. 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. 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. 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 consequences for a positive drug test can range from administrative separation to court-martial, charges which can be debilitating to your career. They also can depend on when it happens in your career. Failing a drug test does not have to mean your career is over. There are many ways to advocate for yourself should your test come back positive.
Knowing how to effectively advocate in this situation is the difference between facing an adverse separation and maintaining your career. Depending on the branch of service, recruits who test positive for drugs may be able to reapply 90 days after their previous test. However, should you fail the second test, you can be barred from serving in any branch of the military going forward.
For active-duty service members, they are not given that second opportunity. If they do test positive, administrative and disciplinary action will be forthcoming.
Depending on which type of drug returned a positive result, the consequences could be more serious. Throughout much of this process, service members may not be assigned a free military defense counsel until it's too late. Nevertheless, a failed drug test does not mean it's over. You often hear about the "zero tolerance" and how compliance is mandatory. Processing is also mandatory when there is an admission of drug use, one or more drug-related offenses, no contest plea in civilian court, civilian conviction, or deferred civilian prosecution.
Negative results are usually posted on the web portal for program managers within day s from the time specimens are received at the lab. Positive results are usually posted on the portal within days from the time specimens are received at the lab.
Basically, the gas chromatography uses an inert gas to carry the urine through separation columns. The samples are broken down by boiling temperature and attraction to liquid or gaseous phases. Compounds are identified by their separation times retention times. After the compounds are broken down, the sample is ionized bombarded with electrons.
That process eventually produces a molecular fingerprint that is read by a mass spectrometer. When used properly, the results are considered to be extremely accurate. It is extremely important to note that these are general drug detection windows. Additionally, our experience is that different toxicologists from the military drug labs sometimes testify to slightly different drug detection windows during hearings. Drug detection windows are extremely important for reservists, because reservists may not be convicted at a court-martial unless the drug use occurred while on federal duty.
Depending on your military branch, if you receive a positive drug test result, you may be subject to the following consequences:. The most common defense in drug cases is that the service member did not knowingly ingest the substance in question. If you were to review Article a , UCMJ, you would notice that the use of an illegal drug is only prohibited when the use is wrongful.
Using drugs is not wrongful when the service member lacks knowledge of the contraband nature of the drug. The government has written the following language into the law to make it easier to prosecute cases based on urinalysis tests. Because of that language, defense counsel must have the skills to make the government expert toxicologist concede on cross-examination that an expert cannot tell from a urinalysis test whether a person knowingly ingested the banned substance.
This requires proof that the drug samples were mishandled. There have been examples over the years of collection personnel mislabeling samples, mishandling samples, or even making mistakes with personal identifying information. We can sometimes have samples retested. The test must reach a certain level to be positive. If the test does reach that level and is positive, this signifies that the service member failed the drug test.
Failing a military drug test will most likely result in administrative or disciplinary action against the individual. It may even result in court-martial charges. Airmen or other lower-ranking members who test positive for marijuana often face Nonjudicial punishment in accordance to Article 15 and discharge. Army and Coast Guard members of any ranking generally face Nonjudicial punishment in accordance to Article 15 and an administrative discharge.
There is never a definite answer for how long military drug test results take. Generally though, if the drug test results are negative, it will often take somewhere between 1 to 3 days to come back. If the results are positive, it may take a bit longer, often days from the time the sample arrived at the lab. At Wilkie Law Firm, we provide aggressive criminal defense for military service members of all branches. Due to his unique background, Aden Wilkie has a special understanding of the rules and regulations surrounding military drug testing.
He is well-suited to help members of the military when they need legal support the most. Contact military defense lawyer Aden Wilkie today by calling You can also visit our website to request your free consultation. Located in Jacksonville, Wilkie serves the entire state of North Carolina as well as its surrounding states. He is also able to service any military installation located in the United States, but travel fees will apply. The information contained on this website is intended as an advertisement for legal services.
Using the information contained on this website does not form an attorney-client relationship. An attorney-client relationship is only created after an agreement for your particular case has been established between you and Devil Dog Defender.
Contact us for more information. Lawyer Marketing by Digital Logic. Call Toll Free. Wilkie Law Firm Military Defender.
0コメント