Military Members And Drug Charges: What You Need To Know
Posted on: 16 December 2022
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When you are in the military and you go on leave, you can expect to receive a drug test upon your return. If you test positive for drug use after you return, you may run the risk of penalties, including a court-martial. If you tested positive for drugs, you need to speak to a military defense attorney right away. They can help you understand your rights and learn more about how to deal with your chain of command. Here are some things you need to know.
What Are the Outcomes of a Positive Drug Test?
The outcomes of your positive drug test will depend on your rank and your branch of service. For example, if you are in the Navy or Marine Corps, you may face an administrative discharge procedure. If you are an NCO in the Air Force and you test positive for hard drugs such as cocaine or methamphetamines, you could receive a court-martial. Your attorney can advise you on which charges you can get based on your circumstances.
Can You Remain in the Military if You Test Positive for Drugs?
Your military career is not always over just because you test positive for drugs while you are in the military. If you are a first-time offender of using drugs and you admitted to using, you will need to show your chain of command that you can meet the retention requirements. You first have to show that drug usage was out of the ordinary behavior for you and you will not use drugs again. The military can benefit from keeping you in service, so you may receive a break on the charges.
Another way to beat the charges is if you can provide proof there was an error in the drug test. Any time a drug test is flawed, you can get out of the charges. There could have been an error in the collection of your urine. Whether the label was misplaced, or the specimens were mixed up, your attorney can argue that all charges be dropped based on the errors.
In addition, your attorney can argue that the drugs were accidentally ingested. If you were inadvertently given drugs, were drugged by someone, or took something without realizing what it was, you may not face any charges if you can provide adequate proof.
If you are facing some type of drug charge and you are in the military, you need to get an attorney right away to save your career. For more information, contact a military defense attorney near you.