Legal Question in Military Law in California

Positive Urinalysis

A friend may have a positive urinalysis result. First offense, with good service (no other offenses) prior to this. What are the best and worst case scenarios for consequences?


Asked on 2/09/09, 8:02 am

2 Answers from Attorneys

Philip D. Cave Military Law & Justice

Re: Positive Urinalysis

Depends on the Service he's in, his rank, the drug alleged to have been used, the nanogram level of the result, and what potential defenses exist.

Art. 15 to court-martial with some Brig time and punitive discharge.

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Answered on 2/09/09, 11:40 am
William J. Holmes Attorney at Military Law

Re: Positive Urinalysis

It is hard to say with any certainty what might happen. Best case scenario would probably be nonjudicial punishment of a reduction in rank and restriction. Worst case could be a court-martial with jail time and/or discharge. It depends on a number of factors: his command, his rank, his record, etc. Every command treats these cases differently and sometimes it varies even within the same command.

I hope this helps. If you or he has any other questions, please feel free to contact me directly.

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Answered on 2/09/09, 11:58 am


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