Drug Use In The Military
Military Drug Test Defense Lawyer Fighting Your Urinalysis Test Results
Mandatory urinalysis tests can seriously jeopardize a military career if they test positive. However, it is a common misconception that these cases are un-winnable. Positive urinalysis tests can and should be challenged. Just like any other biological tests, there are many factors that can contribute to a false positive UA result for drugs and controlled substances.
How Can Someone Get a False Positive for Drugs in a Urinalysis?
Reasons for false positive or faulty UA tests are manufacturing errors, improper labeling or storage, ingestion of poppy seeds, herbal supplements, and certain foods or vitamins.
Some of the most common reasons and substances that cause false positives include:
- Diet Pills
- Lidocaine Patches
- Antidepressants
- Antacids
- Cold Medicine
- Over-the-counter Decongestants
- NSAIDS like Naxproxen, Ibuprofen, and Motrin
Attorney Patrick J. McLain is an experienced and aggressive civilian military defense lawyer. He has practiced in the area of military law for more than 30 years, formerly serving as a court-martial trial judge, USMC defense attorney, and federal prosecutor. He protects the rights of his fellow servicemen and women facing charges for positive drug test results in the military.
To discuss your military drug case with Attorney McLain, contact our law firm at (888) 606-3385.
WITH A CRIME?
What To Do After Positive Drug Urinalysis?
If you have a positive urinalysis in the Army, Air Force, Navy, Marine Corps, Coast Guard, or Space Force, here are some general steps you should consider:
1. Stay Calm: It is essential to remain composed and not panic. Positive urinalysis results can have serious consequences. But how you handle the situation can make a significant difference, and always seek legal counsel.
2. Understand the Results: Ensure you understand why your urinalysis came back positive. Some substances, like prescription medications or over-the-counter drugs, could trigger a positive result. An experienced legal counsel knows the resources to address false or questionable positives.
3. Know Your Rights: Familiarize yourself with your rights and the military regulations regarding positive drug tests. Consult with an active duty defense counsel (Army – TDS, Air Force/Space Force - ADC, Navy/Marine Corps/Coast Guard – DSO) or a civilian military defense attorney who can guide you through the process and help you understand your options. See the discussion below about your right to remain silent and your rights regarding further actions.
4. You have the right to remain silent – and you should remain silent: You never have a duty to answer questions about any accusations against you. You only have confidentiality with an attorney whose job is to represent accused military personnel; you do not have such confidentiality with any other sort of attorney, or anyone else.
5. Prepare for further actions: You may be ordered to undergo further testing, substance abuse screening, and other follow-on action. Obey all lawful orders. If you are unsure if you are being given a lawful order, consult the legal counsel discussed above.
5. Seek Support: If you're struggling with substance abuse or addiction, of course you should seek help from the available resources within the military, such as counseling services, substance abuse programs, or support groups. If you are concerned about the legal consequences of doing so, consult the attorneys discussed above. This is also a stressful time, and you are both wise and prudent to seek appropriate mental health counseling.
6. Prepare for Consequences: Be prepared for potential disciplinary actions or administrative consequences that may result from a positive urinalysis. This could include administrative separation from the military, nonjudicial punishment, or court-martial. As always, before electing your rights in any of these processes, consult the legal counsel discussed above.
7. Get Legal Representation Now: Neither the police nor your chain of command, neither your family nor your friends, are qualified to give you legal advice in this matter. You should only seek legal advice from a professional, an attorney experienced in military law. The earlier you get counsel, the better your chances to achieve a good result in the military justice system and to protect your rights.
WHY CHOOSE THE LAW OFFICE OF PATRICK J. MCLAIN?
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Former Federal Prosecutor & Military Judge
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Over 3,500 Cases Successfully Handled
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Our Firm is Top-Rated & Award-Winning
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Over Two Decades in the U.S. Marine Corps
Which Drugs Do Military UAS Test for?
The most common drugs that military members are screened for include:
- Marijuana
- Cocaine
- Bath Salts
- Methamphetamines
- Cush
- Designer Drugs like Ecstasy and Spice
- Opiates like heroin & Oxycodone
- Anxiety medication like Xanax and Valium
- Prescription Drugs like Vicodin, Soma, Ritalin, and Adderall
- Contact Our Law Office for a Defense You Can Trust
Attorney McLain is an experienced positive UA defense attorney, determined to provide all of his clients with a strong and compelling defense. He regularly attends CLEs (continuing legal education classes) to learn new defense strategies and remain abreast of any developments in the law. He also teaches at service schools where he shares knowledge with talented military practitioners.
We are readily able to defend you before any court-martial or review board across the country and around the world.
Contact our law office in (888) 606-3385 to put this experience on your side when you are fighting positive urinalysis accusations.
OUR CLIENTS SAY IT BEST
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"The best lawyer to defend military personnel."The Law Office of Patrick J. McLain helped me through the most difficult experience in my life. As a Marine Officer facing an upcoming board of inquiry for conduct issues, I was afraid of losing my career. Attorney McLain gave great legal advice through the process and reached out many times to see how I was doing. A great lawyer and better person, Mr. McLain helped me become successful in my board of inquiry and keep moving forward in my career. His military experience and personal qualities make him the best lawyer to defend military personnel.- Jonathan
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"He is a hard worker and will fight for you the moment you choose him to be on your team!"
My husband hired Patrick for his summary court martial and Patrick and his team were there every step of the way. They communicated everything they needed and were even there when either me or my husband had any questions. He is a hard worker and will fight for you the moment you choose him to be on your team!
- Angela -
"I highly recommend Brad Sauer and the entire team"I had an outstanding experience working with Brad Sauer. From start to finish, Brad was professional, knowledgeable, and incredibly dedicated to my case. He took the time to thoroughly explain my options, kept me informed throughout the process, and always made sure I felt supported. His expertise and attention to detail made a significant difference, and I couldn’t have asked for better representation. I highly recommend Brad Sauer and the entire team at the Law Office of Patrick J. McLain to anyone in need of top-tier legal assistance.- Anne
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"Amazing lawyer who fights for you!"A tremendous lawyer in a time of need. After being accused of conduct unbecoming an officer for personal conduct while off duty, I hired Mr. McLain to help me through the process. He diligently worked behind the scenes to make sure my voice was being heard. Despite my inability to listen to his direction early on, Mr. Mclain was patient and continued to fight on my behalf. Mr. McLain helped me win at a board of inquiry with no other disciplinary action. A sincere man, who is dedicated to his clients. Would strongly recommend and is a great asset to military clients everywhere.- Former Client
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"I was entirely impressed with mclain’s work on my case."
I called McLain when the military charged me with some B.S., McLain immediately jumped into action and made things happen in my favor. Don't do it alone … your military chain of command will try to make you think that your cooperation will help you, it will NOT. I was entirely impressed with McLain's work on my
- Chris C. -
"Amazing strength and integrity with the combination of experience, insight, and knowledge of military law."
I have found my lawyer Patrick McLain, to be honest, right to the point, consistently giving me realistic outcomes through the whole process of my case. He's definitely no nonsense, cut to the chase. As a client…I've never been left hanging; he makes sure all my correspondence is returned. He's got amazing strength and integrity with the combination of experience, insight, and knowledge of military law. He stands behind his words and expects the same in return. I say my blessings every day for him taking my case. With him as my attorney, I've achieved best possible outcomes.
- Gina F. -
"I won my military case due to his diligence, knowledge and experience in military law."
I cannot recommend Patrick highly enough. I won my military case due to his diligence, knowledge and experience in military law. Had I proceeded on my own, I would have lost, for the process was simply too complex. When working with Patrick, there was never a time when I felt left in the dark on my case, nor a time when his assessments and instructions were unclear. Should you be in any difficult circumstance, Patrick will work his tail off for you and keep you clearly informed on the status of your case. Again, I highly recommend the services of Patrick McLain.
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"Made me feel like the most important client."They completely cared, took my case personally, always made me feel like the most important client, and were knowledgeable on all subjects. I give the Law Office of Patrick J. McLain, PLLC the highest rating possible and totally recommend them.- Mike
STAY UP TO DATE
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Understanding the Different Types of Court-Martials: Summary, Special, and General -
Military Appeals: Process and Tips for a Successful Appeal
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Navigating a Court-Martial: What to Expect and How to Prepare
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