What’s at Stake After a Positive Urinalysis Test?
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What’s at Stake After a Positive Urinalysis Test?

By San Diego Attorney on February 16, 2022

A failed drug test can have serious consequences if you are on probation in California or in the military. Random drug testing is a standard part of court-ordered oversight for many people on probation, even for non-drug-related offenses.

If you fail a drug test, you could be sent to prison. After a positive drug test on probation, you may have the following options:

    • Admit your mistake to the judge (consult with your attorney first). This may demonstrate to the judge that you are owning the mistake you made and willing to cooperate with the process.
    • Challenge the results of the drug test. False positive readings can occur in drug testing. The test may have been flawed or sensitive to certain chemicals, such as cough syrup or other medications, or foods, such as poppy seeds.
    • Submit to another drug test. This may convince the judge that you are willing to cooperate with the criminal justice system and that you did not use any illegal drugs.
    • Remain silent if the judge asks if you used any drugs before the test. Let your attorney do the talking for you. Drug tests can yield both false positives and false negatives.

    What Is the Difference Between Random Urinalysis and Probable Cause Urinalysis in the U.S. Military?

    Random urinalysis is the most common type of urine sample collection relied on by the military. Members may be randomly selected to provide a urine sample on any given day. Usually, a computer program is used to select members for testing on a particular day. If a military member tests positive, that result can be used for administrative action or action under the Uniform Code of Military Justice (UCMJ).

    Probable cause is a basis for urinalysis if a commander has reasonable belief that a military member has recently used drugs which are likely to still be in the member’s system. The commander may authorize the collection of a urine sample, and a positive result can be used for action under the UCMJ or for administrative action.

    What Are the Possible Consequences of a Positive Drug Test for a Member of the U.S. Military?

    If a urine sample is positive for drugs, the result is reported to the military member’s command for disciplinary action. All branches of the military have adopted a zero tolerance policy toward drugs. Consequences of a positive urine test can range from administrative separation to a court martial and can have a significant impact on your career.

    How Can You Defend Your Career in the Military After a Positive Drug Test?

    A failed drug test does not necessarily mean your military career is over. There are ways to challenge a positive urine test. For example, your attorney can challenge:

    • Collection of the urine sample
    • Handling of the sample
    • Testing of the sample

    If you unknowingly ingested a substance, you are not guilty, and your lawyer can fight back against the charges. The government will need to prove that you used the drug intentionally.

    Why Is It Essential to Seek the Services of an Experienced Criminal Defense Attorney?

    You can be sent to jail for failing a drug test while you are on probation. If you are in the military, a positive urine test can mean administrative action or action under the UCMJ, with damaging effects on your career. Our experienced San Diego criminal defense lawyer has the knowledge and skills to help you fight the urinalysis test to protect your future.

    At jD Law Criminal Defense Attorneys, we have decades of experience defending clients against criminal charges. Call a drug crime lawyer at (760) 630-2000 to schedule a free initial consultation after a positive urinalysis test.

    Admit your mistake to the judge (consult with your attorney first). This may demonstrate to the judge that you are owning the mistake you made and willing to cooperate with the process

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