Defending Your Military Career And Your Record
Has a positive urine drug test put your military career at risk? At The Military Justice Center, we have aggressively, successfully protected the rights of military service members accused of drug use, alcohol abuse, drunk driving and drunkenness while on duty. Our attorneys are former judge advocates with extensive military defense experience.
A mandatory urinalysis test can put any military career at serious risk if the test comes back “positive.” But a timely, fact-based challenge can give you a chance at putting this charge behind you. We possess a comprehensive command of military defense law, having practiced in this area of law for decades both in service and as civilian attorneys. We use proven skills to aggressively protect the rights of servicemen and servicewomen facing drug offense charges in the U.S. and overseas.
We are ready to represent military personnel anywhere in the world. We use our many years of service as deployed staff judge advocates to communicate with active duty commanders and judge advocates.
We Proudly Serving Military Service Personnel
We are able to question a number of aspects that accompany positive urinalysis tests, such as:
- Method of sample collection, storage and protection
- Drug laboratory testing and forensic procedures
- Any medication or combination of medicines that may result in a false-positive urinalysis
- Unknowing or innocent ingestion
Our lawyers can coordinate efforts with a network of urinalysis experts and forensic toxicologists whose findings could support your innocence. We have extensive knowledge of factors that contribute to military drug testing at drug labs. We can utilize your “good military character” and prior duty performance when appropriate. An alleged drug offense need not sully your military accomplishments or your reputation.
Frequently Asked Questions About Military Urinalysis
A positive or unclear urinalysis result can raise serious questions about your military career. The following answers explain what may happen next and what issues matter when evaluating a test result:
What happens if my command orders a re-test after a “dilute” or inconclusive result?
A dilute or inconclusive result does not prove illegal drug use. Whether a command can order a re-test depends on service regulations, the specific reason for the result, and whether the re-test meets military inspection guidelines. If a second test is ordered, both collection procedures and laboratory records should be evaluated for procedural errors.
Can prescription medications or over-the-counter supplements cause a false positive on a military drug test?
While initial screening tests can sometimes pick up interfering substances, military laboratories use advanced confirmatory testing (such as GC-MS) to eliminate routine false positives. However, lawful prescription medications, medical records, and potential cross-contamination remain vital factors when determining whether a confirmed positive was intentional or authorized.
What is a “litigation packet,” and why is it important when building a urinalysis defense?
A litigation packet contains comprehensive records detailing your sample’s chain of custody and the laboratory’s testing procedures. These records show who handled the sample, how instruments were calibrated, and whether technicians followed strict Department of Defense protocols. Defense attorneys analyze these documents to identify testing errors or gaps in evidence.
If I test positive for THC or drugs, will I automatically face a court-martial or an administrative separation?
A positive test does not automatically mean a court-martial conviction or discharge. Commands must evaluate the evidence, the service member’s overall record, and applicable branch regulations. Depending on the circumstances, options range from administrative reprimands to separation boards or disciplinary proceedings.
How long does the command have to notify me of a positive urinalysis result?
There is no single notification deadline that applies across all military branches and situations. Timing depends on the specific service regulations, the type of testing conducted, and the administrative or disciplinary action the command intends to pursue.
Let Us Protect Your Rights
Send us an email to set up an initial consultation. You can also call us locally in Fayetteville at Call to get your questions answered. Your email message will receive our immediate attention.