Our military law office doesn’t believe you should lose your career, future, and reputation because of a slip-up, inadvertent mistake, or accident.

At Matthew Thomas Law, PLLC, we understand the complexities of positive urinalysis cases and are here to help you overcome this challenge. Let’s look at why the military conducts drug tests and some of the options that may be available to you after a failed result. There’s too much at stake for you not to read more, and remember, you can always reach out to our firm with any questions. 

Military Drug Testing: Purpose and Process

Drug testing helps maintain the readiness and safety of service members by ensuring they are physically and mentally fit. Regular and random drug tests serve as a deterrent, encouraging service members to remain drug-free and preventing substance abuse. Urinalysis is the most common testing method and can be conducted randomly, or when drug use is suspected.  Failure can lead to serious consequences. 

Positive Drug Tests in the Military: Potential Repercussions

When a member of the military tests positive for drugs, it can lead to serious consequences, including: 

Court-Martial Proceedings

Testing positive for drugs can lead to court-martial. A court-martial is a formal military trial where the service member may face criminal charges that could result in severe penalties, including imprisonment.

Administrative Separation 

Most military branches require commands to administratively process the service member for separation from the service after they are notified of a positive urinalysis result.

Administrative Action

The military may take administrative actions, such as official reprimands, loss of rank, or pay reductions. These actions can impact a service member's career and future opportunities within the military.

Potential Discharge

A positive drug test can result in discharge from the military. The type of discharge (honorable, general (under honorable conditions), other than honorable, bad conduct, or dishonorable) depends on the circumstances and can significantly affect the service member's post-military life, including benefits and civilian job prospects.

At Matthew Thomas Law, PLLC, we have a proven track record of successfully representing service members in similar situations.

Common Strategies for a Positive Drug Test

False Positives from Medications or Supplements

Some medications, dietary supplements, or even certain foods (like poppy seeds) can cause false positives on drug tests. If you can show legitimate use of these substances, backed by medical prescriptions or documentation, you can argue that the test result was incorrect.

Procedural Errors and Chain of Custody Issues

Mistakes during the testing process, like improper sample collection, labeling errors, or mishandling during transportation, can compromise the results. Any discrepancies in the chain of custody, where the sample’s handling and transfer aren’t properly documented, can also cast doubt on the test's validity. Pointing out these errors can potentially get the results invalidated.

Laboratory Errors and Contamination

Even with strict quality controls, labs can make mistakes. Cross-contamination of samples, equipment malfunctions, or misinterpretation of results can lead to false positives. By reviewing the lab’s procedures and requesting a retest, you can challenge the accuracy of the initial findings.

Unknowing or Involuntary Ingestion

If you can prove that you had no intention or knowledge of consuming the substance through witness testimony or forensic evidence, you can argue that the positive result isn’t your fault.

Questioning Testing Methodologies or Standards

Different testing methods have varying levels of accuracy. If you can show that the test used had flaws in its methodology, calibration, or interpretation criteria, you might be able to contest the reliability of the results and have them dismissed.

You have rights as a military member, and Matthew Thomas Law, PLLC is here to help protect them. 

Get Matthew Thomas Law, PLLC On Your Side Today

Don't wait to get legal guidance from an experienced military defense attorney. There’s so much on the line, and we’re prepared to help you turn this situation around before it affects your career, your family, and your future. We want to talk with you and help you face your case. 

Trust our team to guide you through this difficult time to the best possible outcome. Reach out today at (910) 939-0263 or contact us online to get started on your case.