Get the legal defense you need if you are in the military and you fail a drug test.
If you are in the military and you fail a drug test, you may be worried about what will happen next. You may be wondering if you will be kicked out of the military or if you will face any other penalties. Unfortunately, failing a drug test can lead to serious consequences, but there are ways to fight a positive drug test.
If you are faced with a positive drug test, the first thing you should do is talk to an attorney. An experienced military defense attorney can help you build a defense and may be able to get the results of your drug test thrown out. Depending in the facts of your case, an experienced attorney may also want to consider hiring a private investigator to help gather evidence in your defense.
If you choose to fight a positive drug test, it is important to remember that the military has many resources at its disposal. As such, you will need to be prepared for a long and difficult battle.
What Is the Military’s Stance on Drugs?
Since the early days of the United States military, drug use has been banned. The military's zero-tolerance policy for drug use means that any service member caught using drugs can be discharged from the military, regardless of their rank or position. This strict policy is in place to protect the safety and security of all service members. Drug use can impair judgment and lead to poor decision-making, which can put everyone in danger.
Additionally, illegal drugs can be addictive and lead to behavior that is criminal or against military regulations. For these reasons, the military takes a hard stance against drug use and has a zero-tolerance policy for it.
The navy has also banned vape pens, e-cigarettes, and all other electronic nicotine delivery systems. The Navy did this after several sailors were injured by exploding batteries in their vaping devices. The navy believes the ban to be necessary as it helps to protect the safety of sailors and civilians.
How To Dispute a Positive Drug Test
Here's how to dispute a positive drug test and protect your military career.
1. First, get an attorney. An experienced military law attorney will be familiar with the Department of Defense's drug testing process and can help you build a strong case.
2. Next, with the direction of the attorney, gather evidence. This may include prescription medication records, witness statements, or information about the specific drug test that resulted in a positive reading.
3. Depending in the attorney’s review of your case, you may be able to dispute the results. For example, the collection, handling, and testing process of your blood/urine sample could have be faulty, and you may have unknowingly ingested a legal drug that caused your positive test result.
4. Have your attorney submit your evidence to the appropriate officials and request a review of your case.
If your attorney can prove that you are innocent, you will have the charge dismissed and will have thus protected your military career.
Speak to a Military Defense Attorney
In conclusion, there are many ways that a person can fight a positive drug test in the military. However, the best way to avoid a positive drug test is to not use drugs in the first place. In any case, if you are faced with a positive drug test, contact a military defense lawyer at Griffin Law Defense who can help you challenge the results.