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The military personnel are never an outsider to repeated drug tests after holidays or a period of absence. There are a few methods to fight a positive military drug test. One way is to prove that the service member has unknowingly ingested drugs. Drug abuse may result in an administrative discharge.


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.

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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.

Is a “retest” helpful?

With an experienced military lawyer, there are ways to fight a positive drug test. In this post, Wilkie Law Firm will inform you 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.

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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 in the military. One way is to prove that the service member unknowingly ingested the drug.

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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 consciously ingested an illegal substance.

How accurate are military drug tests?

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 .

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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.

How to fight a positive military drug test?

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.

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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.

Military drug offense lawyers

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.

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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.

Drug use in the military charges

If the are positive, it may take a bit longer, often days from the time the sample arrived at the lab. At Wilkie Law Firm, we provide aggressive criminal defense for military service members of all branches.

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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.

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He is also able to service any military installation located in the United States, but travel fees will apply. The information contained on this website is intended as an advertisement for legal services. Using the information contained on this website does not form an attorney-client relationship.

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An attorney-client relationship is only created after an agreement for your particular case has been established between you and Devil Dog Defender. for more information.

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Lawyer Marketing by Digital Logic. Call Toll Free. Wilkie Law Firm Military Defender.

How to fight a positive drug test in the military

Need help? Free Consultation. Wilkie Law Firm devildogdefender gmail. .

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The military does not encourage or condone the use of illicit drugs.


The military is one of the only jurisdictions in the country that has the ability to criminally prosecute drug cases based only on a urinalysis test or a failed drug test.