Legal Question in Military Law in Hawaii

Positive Urinalysis

I had a positive Urinalysis. I have been in the Navy for almost 17 years, I have never done drugs in the military or before I joined. My command has not offered me NJP yet, I'm on shore duty so I know I can refuse and goto admin board or court martial. NCIS has interviewed me the day of the msg came out. I am really out of options of what to do. NCIS has offered me the chance to take a polygraph. The polygraph would look good for me with the command when it comes back as passed. Not sure what to do.


Asked on 3/15/07, 5:48 pm

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Positive Urinalysis

You didn't say what you tested positive for - if it's cocaine, that test is notoriously UNRELIABLE. But, you stand zero chance of passing a NCIS "polygraph" test. Do NOT do that, period. Also, they can attach you to a ship for a day, and then give you NJP that you can't refuse - that happened to an E-8 that I represented a couple of years ago at JAX NAS for a hot cocaine test. We went to an Admin board and beat it anyway.

You need to talk to a lawyer BEFORE you make any decisions. Go to the JAG Defense Counsel there and ask to have a "privileged" meeting with a JAG. If your command wants a polygraph, pay for one commercially - then you might have a chance. But, the reason that they're not admissible in court is that the results are so easy to rig. In 30+ years of doing military cases, I only recall one case where NCIS "Passed" someone on a dope case.

Email me at [email protected] if you want more information. Remember using LawGuru is neither secure nor privileged.

Good luck,

Don Rehkopf

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Answered on 3/16/07, 4:14 pm


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