Added: Arlinda Kates - Date: 17.01.2022 19:19 - Views: 37382 - Clicks: 2055
Military service members are no strangers to drug tests. Most service members know that returning to their unit following a holiday break or period of leave will more than likely bring the submission of a drug test. For this reason, a military notification of failed drug test might make you feel as if your military career is over. This is not always the case. With an experienced military lawyer, there are ways to fight a positive drug test. In this post, Wilkie Law Firm will inform Army drug testing procedures of how to fight a positive drug test in the military.
To ensure an alert and responsive fighting force, the Department of Defense DoD conducts military drug testing regularly. They do this through the use of urinalysis testing to monitor the presence of any controlled substance.
In fact, the DoD labs test around 60, random urine samples every month. It also includes Marines drug testing as well as Navy drug tests. Members of the Guard and Reserves must also submit to drug tests at least once every two years. There are a few ways for how to fight a positive drug test Army drug testing procedures the military. One way is to prove that the service member unknowingly ingested the drug. If a test comes back positive, the government must have more evidence than just that urinalysis was positive.
They must be able to prove that the reason for the positive result was because the individual Army drug testing procedures ingested an Army drug testing procedures substance. The DoD provides very detailed and specific instructions for how test administers should conduct and handle each screening.
Any deviation from these instructions, no matter how slight, can cast doubt on the accuracy of the. 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 attorney will find them. There are several protections that the military takes to ensure the test are accurate. To start, each individual must write their initials on the label of their own bottle. There is also someone present to observe the service member while they urinate into their bottle to ensure they do not try to cheat.
The bottles are then boxed into batches, and the person responsible for administering the test will begin a chain-of-custody document for each batch. This may be anyone from the observer to the person who puts the bottle in the box as well as the person who takes it out. Essentially, the document provides a written record of anyone at all who had direct contact with the urine sample at any time. 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 accuracy. If you are an active service member, you are not able to retake a failed drug test. Only applicants looking to 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 only after 90 days have passed since the last test. Applicants who fail a drug test twice are automatically and permanently disqualified from serving in any branch of the military. After a service member takes a drug test, it will get sent to the lab. Once the sample arrives, it will undergo an immunoassay screening. This will indicate the presence of drugs as either negative or positive. Those that come back positive undergo the same screening process to prove accuracy.
If the test appears positive after both tests, the sample will go through a much more specific type of screening. However, not 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. If the test does reach that level and is positive, this ifies 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 take.
Generally though, if the drug test are negative, it will often take somewhere between 1 to 3 days to come back. If the are positive, it may take a bit longer, often days from the time the sample arrived Army drug testing procedures the lab. To protect your career, your future, and your name, hiring civilian counsel as opposed to active duty counsel is a much better option for several reasons. For starters, when you accept free legal counsel from the military, your case is ased to a lawyer simply based on whoever is available at the moment. That means your own personal preferences will not be taken into.
Simply put, you get who you Army drug testing procedures. On the other hand, when you hire outside legal counsel from a private civilian defense attorney, you have the ability to choose someone who you trust and feel comfortable with. You have the ultimate say in who handles your case, so you can factor in your own preferences and requirements when choosing legal representation.
Another advantage of hiring a civilian defense attorney is that they are not subject to intimidation or threats the way military defense attorneys often are. Things like the chain of command, ranking, and supervisory chain of responsibility have no power over private attorneys.
This means there is nothing to discourage them from pursuing anything but your best interests.
For example, an attorney such as Aden Wilkie is not concerned with things like evaluation reports or opportunities for promotion. Unlike active military counsel who must work under restraints by their chain of commandAden only does what is necessary to best protect the interests of his client. There is no chain of command or other internal factors that may influence their duties when a civilian attorney takes on your case. As a private attorney who works for no one but himself, Aden Wilkie can choose which cases he takes and when he takes them.
He is careful to never overload his schedule so that he can dedicate enough time and resources to the cases he chooses. Military-provided counsel do not have this same luxury. They are responsible for taking any case that comes Army drug testing procedures their door, which often means they are overworked and likely, overwhelmed.
As a result, they have much less time to focus on your individual case, which in turn can have a ificant impact on the outcome of your case. These Army drug testing procedures only a few reasons why obtaining private civilian counsel with experience in Military law often le to a much better outcome than accepting uniformed counsel. 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.
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How to Fight a Positive Drug Test in the Military