Drug Test Urinalysis
Random Drug Testing in the Armed Forces
The United States Armed Forces take a tough stance against drug use among the ranks. This is due in part to concerns over safeguarding the health of individual service members and officers, as well as for the purposes of maintaining proper discipline and order throughout the different branches of the military as well as the Coast Guard. One of the primary aspects of the military's anti-drug campaign is the use of random drug testing of all soldiers, sailors, airmen and marines. Unit sweeps are also conducted on at least an annual basis. Commanders can issue search authorization upon a finding of probable cause.
The Department of Defense drug testing laboratories analyze approximately 700,000 urine samples on a yearly basis, and every individual who is serving on active duty is required to submit to at least one test every year.
The test may detect the presence of a banned substance such as:
The results, however, will not be reported as positive unless the substance is found to be above a certain minimum threshold.
Defending You After a Failed Drug Test
Defending a positive urinalysis accusation can be very challenging – the general attitude that we run into is what appears to be a service wide assumption that if you come up positive on a drug test, you are guilty. Substantial compliance is expected in the collection, safeguarding and shipping of the urine specimens. We routinely discover some aspects of non-compliance with the controlling instructions, however rarely is there a problem significant enough to cause, on its own, the urinalysis result to set aside. Although the military drug testing laboratories have encountered some problems with the testing process, generally the lab result will be considered valid. The general character and duty performance of the accused is very important and a lot of emphasis needs to be placed on that, since the law basically allows an inference of wrongful use to be applied if there was substantial compliance with the collection and lab process. Most of the drug cases we encounter now are handled administratively, which makes things even tougher since the rules of evidence do not apply in administrative proceedings.
There is Hope! Look to McCormack & McCormack.
From the early years of his career, Greg McCormack has successfully defended hundreds of positive urinalysis cases, both in court-martials and administrative separation actions in all branches of the military and Coast Guard. As difficult as these cases can be, we know how to put the case together in a manner which has led to case after case being resolved with findings of No Misconduct.
Contact us now at McCormack & McCormack if you have been reported positive on a urinalysis for a no charge initial consultation.