All branches of the military employ a very active drug testing program.  On a regular basis, military members are required to submit urine samples which are sent to various Department of Defense testing laboratories for analysis.  If a member’s sample tests positive for a drug, there can be dire consequences, to include the use of these test results to prosecute military members in courts-martial.  At the very least, most branches of the military require “mandatory discharge processing” for those who test positive on a urinalysis test. 

Typically, the only evidence the government produces of a military member’s alleged drug use is a positive urinalysis test.  As a result, the accuracy of the urinalysis test is crucial in these types of cases.  At McCormack and Associates, we specialize in representing military members who have allegedly tested positive on a urinalysis test.  While drug testing in the military is certainly necessary, it is not a foolproof process.  Greg McCormack and his paralegals are extremely experienced in analyzing collection and testing procedures to ascertain whether the urinalysis test’s collection and testing were conducted properly. 

Even if a drug test was conducted and tested properly, the presence of a drug in one’s body is not a crime.  Instead, it is the “knowing and conscious” use of a drug that is a violation of the Uniform Code of Military Justice.  Thus, if a military member unknowingly or innocently ingested a controlled substance, they are not guilty of a crime.  Such a defense, however, can be very complicated and dependent on many different factors, such as the nanogram level indicated in the positive drug test.  At McCormack and Associates, we thoroughly investigate all positive urinalysis cases to determine whether the test result was due to an unknowing or innocent ingestion.  We have extensive experience in presenting evidence, or even just the possibility, of an unknowing or innocent ingestion to juries and member panels.

If you have been informed that your urine allegedly tested positive for a controlled substance, call McCormack and Associates for a free consultation regarding your case.  We have consistently achieved outstanding results using a variety of different defenses in these types of cases, and encourage you to review our list of representative cases.

To read about some of the many drug defense cases represented by the military law firm of McCormack & Associates CLICK HERE.

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