When a military member is facing a positive drug test, the best thing you can do is not to talk to anyone. Seriously, stop talking. We have all had the experience of being ordered to pee in a cup. The vast majority of those tests are negative, but if you test positive, you are not out of options. When you test positive, two things are going to happen. First, you are going to be ordered to take another test when the results come back (typically 30 days after the first test). Second, you are going to be called in to law enforcement. Now is not the time to float your theory about what may have happened. Let’s say the only thing you can imagine is a concert you went to recently, so you tell law enforcement about that. Well, it could have been a mistake during collection, or at the lab, you don’t know how your sample tested falsely positive, and you should not try to guess. I have heard the second hand marijuana explanation more times than I can count. I have yet to encounter an expert forensic toxicologist who will say that is a remotely possible explanation. Do not guess, ask for an attorney and let’s see how the evidence comes out. If you do not make a statement, and you do not talk to your friends and co-workers, then the government has to prove what is called a naked urinalysis case. Please know that your friends and family could be forced to testify against you, especially if they are active duty. We call it that because all the government has is the drug test with no explanation of how, where, when, or how much. Acquittal rates rise dramatically when you keep your mouth shut and make the government prove their case. If you are facing a positive drug test, give me a call and we can talk about what the evidence does or does not show. Sometimes we need to make a statement, but there is no such thing as a legal emergency. Call me and lets make sure making a statement is the right thing to do before you do it. An experienced attorney can make all the difference between continuing your career or spending time in a jail cell. The other kind of drug case frequently encountered is a drug distribution case. While common sense tells us there is a big difference between drug sharing and drug selling, the UCMJ does not recognize a difference. I have seen people talk to law enforcement thinking they are talking their way out of trouble by saying they gave drugs for free to a friend, but instead they are confessing to drug distribution. Regardless of the circumstances, talking to law enforcement without first consulting an experienced attorney is never a good idea, give me a call and let’s talk about a winning strategy.
