Failed Military Drug Test? Positive Urinalysis? What Happens Next?

Service members know they will be subjected to a military drug test when they return from holidays.

Consequently, a positive urinalysis result can impact their military career and may even result in court-martial charges. Any military member who tested positive for any drug should consult with an experienced military attorney immediately. Furthermore, the attorney can help them understand their rights and learn the approach of their chain of command due to the positive test.

The outcome of a failed urinalysis test will vary by rank, service, and type of drug. Nonetheless, any service member who tests positive will be in a fight to save their military career.

What are the Possible Outcomes?

Air Force members who test positive for cocaine, methamphetamines, LSD, ecstasy (MDMA),or other “hard” drugs and are NCOs or officers will likely face court-martial.

Airmen who test positive for marijuana or are lower-ranking enlisted members will most often face Nonjudicial punishment under Article 15 and discharge.

Army, Navy, Marine, and Coast Guard members of all ranks will face Nonjudicial punishment under Article 15 and discharge.

Can You Save Your Military Career?

Yes. A positive military drug test does not necessarily mean that your career is over; you have rights and options. A few of the common paths to saving your career are:

• FIRST-TIME OFFENDERS who knowingly used drugs and have confessed: Your best option is to prove to your chain of command that you meet the retention criteria.

  To meet the criteria, you will need to prove (among other things) that it:

  • was an experimental drug use
  • was a complete deviation from expected behavior
  • will not happen again
  • military interest is best served by retaining you based on your past service and future potential
• DRUG TEST ERROR: Demonstrate that there was an error in the military drug test process. Mistakes do happen in the collection of urine samples. These errors can result in mislabeling or a false positive.
• In the last two years, multiple errors were made by the Navy lab at Great Lakes. As a result, samples were wrongfully reported positive. An experienced attorney should carefully review every positive test result to identify potential errors.
• ACCIDENTAL DRUG INGESTION: If you believe that you may have accidentally ingested the drug, then you may be able to save your career by raising the defenses of innocent ingestion or unknowing ingestion.
  • Innocent ingestion occurs when a military member eats, drinks, or smokes something and is unaware that it contains a controlled substance.
  • Unknowing ingestion is where a military member does not know the potential source of the drugs in their system but argues that they did not intentionally use any illegal substance.

Both of these defenses can be successful if the military member and their attorney present a strong case that is consistent with current research and the levels of drugs are compatible with accidental or unknowing exposure. In my career, I have been a part of discharge boards where we have successfully demonstrated that the source of the drugs was cough syrup, brownies, cigarettes, and beer.

What Should You Do If You Receive a Positive Urinalysis?

Military members who test positive on a drug test should ensure they understand their rights. Just so you know, you have the right to remain silent, consult with counsel of your choosing, and fight to save your career throughout an investigation, Mast, NJP, court-martial, or discharge proceedings.

Keep hope. Although a positive drug test can mean the end of your career, it does not have to. With the right approach and the proper legal guidance, you will have the opportunity to defend yourself. You can overcome a positive urinalysis test and continue defending our country.

The military law attorneys at Crisp and Associates are experienced litigators who have been a part of hundreds of court-martial cases and have successfully advocated for military members from all service branches. If you or someone close to you has tested positive on a military drug test, complete the Contact form on this page or contact Crisp and Associates, LLC today for a free consultation.