It is not a secret that the military has a zero tolerance policy when it comes to allegations of drug abuse within their ranks. Under the UCMJ Article 112a, the military can prosecute the servicemember for UCMJ drug use, possession, manufacturing, or distribution of any controlled substances. The military has many ways to handle such allegations, such as Article 15, involuntary administrative separation, or courts-martial…all of which could result in the discharge of the servicemember from the military. Thus, the servicemember should know that their career and their characterization of service are very much in jeopardy; however, that same servicemember should know that he/she can fight these allegations with an experienced military lawyer. At MJA, we have fought and won many drug abuse cases for our clients throughout the world.
It is a misperception that servicemembers cannot fight or challenge a positive military urinalysis test, which is perpetuated by commands who try to convince the suspected servicemember that they have no hope of winning at a court-martial. This is simply not true. At MJA, we have used many different defenses to convince a jury (member panel) that there was reasonable doubt as to the unlawfulness of the drug use, such as good military character, unknowing ingestion, time line, military drug testing limitations, and urine collection procedures.
If you are suspected of drug abuse (or have been asked to take a military urinalysis/military drug test or have received your military urinalysis results) it is very important that you speak with an experienced military defense attorney who can advise you on your best order of march. Contact our military defense lawyers now to learn more.