Military Drug Test Defense

Simply put, we are the premier law practice for members facing disciplinary or administrative action based on a positive urinalysis test. No other civilian or military defense counsel has handled more urinalysis cases than JAG Defense.

If you have been notified that you tested positive on a military drug test, you may feel like your military career is over.  As former military members, JAG Defense Lawyers understand what you are going through and exactly how to handle your positive military urinalysis defense. We encourage you to review our extensive list of success stories related to positive urinalysis cases  which demonstrate our success and expertise in this area.

Over the course of his career, Grover H. Baxley has built a national reputation for his defense of positive military urinalysis cases.  He is frequently consulted for training and advice by both military defense counsel and other civilian defense counsel, and provides annual training to military defense counsel on how to defend positive urinalysis cases.  Mr. Baxley has represented hundreds of individuals charged with drug use based upon positive military drug tests, and has developed innovative and highly effective approaches to defending these very unique cases.

If you have a positive military drug test, do not delay.  Contact us today for a consultation about your case and get the trusted expertise that only JAG Defense can offer!

Defending a Positive Military Urinalysis

In order to ensure an alert and responsible fighting force, all branches of the military employ a very active drug testing program. Specifically, the military uses urinalysis testing to monitor and deter its members from using controlled substances. On average, the military screens approximately 60,000 urine samples per month at its multiple urinalysis testing laboratories.

A positive test result will likely result in significant administrative or disciplinary action against a military member, to include court-martial. Essentially all branches of the military have adopted a “Zero Tolerance” approach to drug use. If a member is suspected of drug involvement, then he/she will face some type of disciplinary action.

Please see below for further details on the types of ingestion and/or collection errors that can directly affect you.

Unknowing/Innocent Ingestion

Collection/Testing Errors

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If you have been told that you tested positive on a urinalysis test, we invite you to contact JAG Defense for a free consultation regarding your case.

Types of Military Urinalysis – Military Drug Tests

When a member is notified that he/she has been selected to provide a urine sample for testing, that member generally must provide a urine sample within two hours. Each service typically assigns urinalysis collection duties to a trusted, responsible member as a collateral duty. This individual is responsible for ensuring an accurate and well-documented collection, packaging and shipping process. Once collected and packaged, the urine samples are then transported to a designated Department of Defense urine testing laboratory. At these laboratories, the urine samples are tested using advanced detection techniques. If a sample is deemed to be positive, that result is reported back to the member’s command for subsequent disciplinary action. There are a number of different bases for urine sample collection upon which the military relies. The basis for the urine sample collection dictates the manner in which any positive urine test results can be used by the command. Please see below for some of the most common bases for military urinalysis collections.

Random Urinalysis

Probable Cause Urinalysis

Consent Urinalysis

Inspection Urinalysis

Commander-Directed Urinalysis

Again, if you have been notified that you allegedly tested positive for an illegal substance on a military urinalysis test, we encourage you to contact JAG Defense for a consultation with an experienced military defense attorney.

Air Force E-7 was charged with raping an Army E-3 while both were TDY to Germany. At his subsequent General Court-Martial, we dissected the alleged victim’s actions both before and after the alleged rape, establishing her consent to all sexual activity that took place that evening. In addition, we presented expert testimony regarding the effects of alcohol on the alleged victim’s ability to consent and make decisions throughout her interaction with our client. Result: Our client was ACQUITTED of the charge against him.