One Day You Are Notified That You Tested Positive.
A few weeks after the test is given, the member is normally notified of the positive military drug test result by his unit leadership or by military police. Normally, the military member is provided his rights warning required by Article 31b of the Uniform Code of Military Justice and asked for an explanation regarding the positive result. In most cases, command or law enforcement assumes the test result is accurate and authorities want to find the source of the marijuana, ecstasy, cocaine, heroin, and so forth.
If you test positive on a military drug test, it may not be the end of the your career. I have represented dozens of military members who have continued their careers after a positive military drug test.
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MILITARY POSITIVE DRUG TEST SURVIVAL GUIDE.
CAUTION: There is no substitute for legal advice, and this is not legal advice.
1) Don’t make any statements. Literally, when you are notified of the positive result, don’t make any statements about it to anyone – not your NCO, your best friend, or parents. No Statements! Not even that you are surprised or don’t know how it happened. Nothing. Elect your right to remain silent and consult with a lawyer. You can always go back later and provide a statement if, after consulting with a lawyer, it is in your best interest.
2) Hire an experienced Military Lawyer. Uniformed JAGs will not represent you until you are either charged or notified for administrative separation. That is often too late to start a viable defense. When you find out you tested positive, your first call should be to Korody Law.
3) Stay off texts and social media. Believe me, command loves printing a Facebook page that has statements supporting drug use. Also, every time you send a text you are creating a written record that often can be taken out of context by command.
4) Don’t listen to your NCO or CPO. They will tell you that you are guilty and you should just admit it because your life will be easier. That is not true. Don’t say a word!
5) Stay out of trouble. This is perhaps the most important key to this. I have had clients that tested positive and told me, “well they thought I did it so I went out and did it.” They literally went out and used drugs after a positive military drug test for which they had a viable defense. And they get caught on a second urinalysis. Don’t drop your pack! And, recognize you are going to be watched like a hawk, Be on time! Stay out of trouble! Be the best Sailor, Marine, Soldier, Airman, or Coastie possible and your command may start believing that the test is wrong!
6) Consider alternative testing or retests. Depending on the timing, drug, testing discrepancies (if any), and nature of the allegation of wrongful use, it may be wise to seek an alternative test at your own expense or request a retest of the original sample. However, don’t do this without talking to an expert in defending positive military drug tests.
7) The tests can be wrong and there are defenses! Don’t believe what you hear. I have successfully defended positive military drug cases around the world. The key is to start the defense early, beat command to witnesses, and save your defense until it has been bulletproofed!
Patrick Korody is a former active-duty Navy JAG who was certified by the Judge Advocate General of the Navy as a Military Justice Specialist. He has prosecuted and defended military members facing court-martial or other discipline around the world. He offers a free consultation and can be reached at 904.383.7261. His offices are conveniently located in Jacksonville, FL. He offers world-wide representation to members of the Army, Navy, Air Force, Marine Corps, and Coast Guard.