- True or False
- Under UCMJ Article 112, the following offenses are specifically addressed
- Understanding UCMJ Article 112
- Key Legal Definitions
- Potential Punishments
- Urinalysis Testing Procedures
- Sample Collection Procedures
- Chain of Custody
- Testing Methodologies
- Practical Advice and Tips
- How a UCMJ Attorney Can Defend Your Case
Article 112a of the Uniform Code of Military Justice directly prohibits the wrongful use and possession of controlled substances. While military members willingly submit themselves to the UCMJ when they take their oath of enlistment, there are many myths and misconceptions surrounding article 112a and drug use infractions. If you have recently tested positive on a urinalysis test, a UCMJ attorney can help you sort out your case and get the facts straight. The team at Military Trial Defenders is ready to help those in need.
True or False
It is unlikely that I will face a drug test during my military career.”
This is definitely false. The military has adopted a “Zero Tolerance” policy to drug use. It utilizes a very active drug testing program to promote safety and security. Urinalysis tests are the most popular means of drug testing, and the military screens roughly 60,000 urine samples per month.
“If you test positive on a urinalysis test, you are guilty.”
Actually, this is false. While testing positive does indicate that you have drugs in your system, drug use is only technically illegal under the Article 112 of UCMJ if it is “wrongful use”, a.k.a. conscious and knowing. It is definitely possible that a mistake took place. This can manifest by taking the wrong prescription, having a drink tampered with, or unknowingly ingesting food laced with drugs. Thus, though urinalysis tests do technically prove that drugs are in the body, they do not prove:
- The method of ingestion
- Whether or not the substance was knowingly ingested by the service member
- How many times the substance was ingested
If your case allows for it, a UCMJ attorney can help you build a defense based on these exceptions.
“You can be convicted based on your drug test alone.”
This is mostly false. The military predominantly operates under the assumption that a positive drug test indicates willing and conscious use of drugs, but most juries want to know the facts behind the ingestion. The most common drug defenses include: passive inhalation, innocent inhalation, innocent ingestion, and switched samples in a drug testing lab. In general, juries listen to the details of the defense and seriously consider their validity. A solid UCMJ attorney will be able to discern the best mode of defense given the circumstances of the case.
Under UCMJ Article 112, the following offenses are specifically addressed:
Drunkenness and Incapacitation Offenses:
– Drunken or reckless operation of a vehicle, aircraft, or vessel: This offense covers situations where a service member operates any vehicle, aircraft, or vessel while under the influence of alcohol or drugs, displaying a reckless disregard for the safety of others.
– Drunkenness or impaired on duty: Service members are prohibited from being drunk or impaired by alcohol or drugs while on duty, including during periods of active service or while on watch or guard duty.
Other Incapacitation Offenses:
– Wrongful use, possession, manufacture, or distribution of controlled substances: This offense encompasses the unauthorized use, possession, manufacture, or distribution of illegal drugs or controlled substances, including the misuse of prescription medications.
– Incapacitation for the proper performance of duties: Service members are required to maintain their physical and mental capabilities to effectively carry out their assigned duties. Any voluntary incapacitation that impairs their ability to perform their duties can be considered an offense under this article.
It’s important to note that UCMJ Article 112 applies not only to situations involving alcohol or drugs but also to any voluntary incapacitation that could compromise a service member’s readiness or ability to perform their duties.
Understanding UCMJ Article 112
UCMJ Article 112 is designed to maintain good order and discipline within the armed forces by prohibiting behaviors that could impair a service member’s ability to perform their duties or jeopardize the safety and well-being of themselves or others. Under this article, the following
offenses are specifically addressed:
Drunkenness and Incapacitation Offenses:
– Drunken or reckless operation of a vehicle, aircraft, or vessel
– Drunkenness or impaired on duty
Other Incapacitation Offenses:
– Wrongful use, possession, manufacture, or distribution of controlled substances
– Incapacitation for the proper performance of duties
Key Legal Definitions
– Intoxicated: Impairment of mental or physical faculties caused by alcohol, drugs, or other substances.
– Incapacitated: Any state of impairment or diminished capacity that renders inability to effectively perform duties.
– Impaired: A state of diminished capabilities that affects the ability to carry out duties or exercise proper judgment.
These terms are defined by observable effects on behavior, performance, and decision-making abilities, not necessarily specific blood/drug levels.
Potential Punishments
Violations of UCMJ Article 112 can result in severe consequences, including confinement, fines, reduction in rank, and punitive discharges. Maximum punishments vary based on the severity of the offense.
Urinalysis Testing Procedures
Urinalysis tests play a crucial role in enforcing the military’s drug policies, but procedural errors or violations can undermine the reliability of the test results. Understanding the intricate procedures involved is essential for identifying potential grounds to challenge test results and mounting an effective defense.
Sample Collection Procedures
– Providing a suitable, clean collection environment
– Verifying service member’s identity and ensuring no adulterants are present
– Directly observing the sample provision to prevent tampering
– Properly sealing and labeling the sample with required documentation
Chain of Custody
– Documenting every transfer of the sample with signatures
– Maintaining constant control and security of the sample
– Using tamper-evident packaging for transport to the testing facility
Testing Methodologies
– Initial screening tests (immunoassay, etc.) to detect the presence of drugs
– Confirmatory tests (GC-MS, LC-MS) to identify specific substances
– Adhering to quality control, calibration, and proficiency testing requirements
Identifying Procedural Violations:
– Lapses in observation during collection
– Breaks in chain of custody documentation
– Failure to follow proper testing protocols or quality assurance
– Improper storage, handling, or transportation conditions
– Inconsistencies or errors in documentation
Experienced legal counsel can meticulously review testing records and procedures to identify any potential missteps that could form the basis for challenging the urinalysis results.
Practical Advice and Tips
For service members facing issues related to a positive urinalysis test, here are some practical tips:
– Act quickly after receiving notice of a positive test result. Consult with a military defense attorney immediately to protect your rights and interests.
– Carefully document everything related to the testing process – dates, times, personnel involved, any irregularities or concerns you noticed. This documentation can be crucial evidence.
– Do not make any statements or admissions until you have legal representation. Anything you say can potentially be used against you.
– Gather any relevant evidence that could support your case, such as medical records, witness statements, or information about prescribed medications that could have caused a false positive or an unknowing or innocent ingestion.
– During the legal process, follow your attorney’s guidance, be truthful, and provide them with all relevant information to build the strongest possible defense strategy.
By understanding the legal implications of UCMJ Article 112, the urinalysis testing procedures, and the potential grounds for challenging test results, service members can better navigate this complex situation and protect their rights and military careers.
How a UCMJ Attorney Can Defend Your Case
While drug use is one of the more common military infractions, most military members are unready to face these cases on their own. So, if you have been charged with the ingestion of a controlled substance and are worried that your military career is over, don’t give up yet. An experienced UCMJ attorney, such as an attorney at Military Trial Defenders, are equipped to defend you in this trying time. With this in mind, contact our defense team today for a consultation and to learn more facts about drug defense.
Give us a call at +1 877-619-9657 for a confidential consultation.
