MILITARY SCIENTIFIC ASPECTS OF URINALYSIS PROGRAM

A. What Urinalysis Test Proves
Urine test proves only past use; it proves that drug or drug metabolites (waste products) are in the urine. Urine test does not prove:
Impairment; Single or multiple usages; Method of ingestion; or, Knowing ingestion.

B. Drugs Tested
• Marijuana (THC metabolite) and Cocaine (ESZE metabolite).
• Other drugs tested (some only upon request):
• LSD — removed from testing in 2006. Still screened periodically under the "prevalence program."
• Opiates (morphine, codeine, 6-MAM metabolite of heroin)
• PCP
• Amphetamines; including designer amphetamines MDMA, MDA, MDEA
• Oxymorphone/Oxycodone
• Anabolic steroids — testing only done by UCLA.

C. Cut-off Levels
DOD and urine testing laboratories have established "cut-off" levels. Samples which give test results below these cut-off levels are reported
as negative. A sample is reported as positive only if it gives test results above the cut-off level during both the screening (every positive
screened twice) and the confirming test. Source: DoD Standard Drug Testing Panel, available at http://tricare.mil/tma/ddrp/Program-Policv-
Archives.aspx.

Detection times may affect
• Probable cause. Information concerning past drug use may not provide probable cause to believe the Soldier's urine contains traces of
drug metabolites, unless the alleged drug use was recent.

• Jurisdiction over reservists. Reservists may not be convicted at a court-martial for drug use unless use occurred while on federal duty.

2. COMMANDERS' OPTIONS
A. Courts-Martial
Court-martial procedures are complex and the Military Rules of Evidence apply. USAR Soldiers must have committed the offense while in a
UCMJ Article 2 status for commanders to court-martial.

B. Non-judicial Punishment
Nonjudicial punishment procedures are relatively simple. Military Rules of Evidence do not apply. The burden of proof is beyond a
reasonable doubt.
USAR Soldiers must have committed the offense while in a UCMJ Article 2 status for commanders to impose non-judicial punishment.

C. Administrative Separations
All Soldiers identified as drug abusers will be processed for administrative separation. AR 600-85, paras. 10-6 and 16-8a(3); See a/so, AR
635-200, para. 14-12c(2) and AR 135-178, para. 12-1d. "Processed for separation or discharge" means that separation action will be
initiated and processed through the chain of command to the separation authority for appropriate action. Commanders may recommend
retention or suspension of discharge, if warranted.

D. Other Discretionary Actions
1) Denial of Pass or Leave Privileges
2) Prohibitions on the Consumption of Alcohol This may be appropriate in cases of alcohol offenses.
3) Confiscation of Drug-Related Contraband
3. LAWFUL TYPES OF URINALYSIS

A. Probable Cause Urinalysis
• A urinalysis test is constitutional if based upon probable cause. Mil. R. Evid. 312(d) and 315.
• A warrant or proper authorization may be required.

B. Inspections
• A urinalysis is constitutional if it is part of a valid random inspection.
• Beware of subterfuge under Mil. R. Evid. 313(b). Targeting specific Soldiers for inspections following the report of an offense is unlawful.

C. Consent Urinalysis
• A urinalysis is constitutional if obtained with consent. Mil. R. Evid 314(e).
• Consent must be voluntary under totality of the circumstances. However, consent is involuntary if commander announces his intent to order
the urine test should the accused refuse to consent. Mil. R. Evid. 314(e)(4).
• It's OK to Trick. Permissible to use trickery to obtain consent as long as it does not amount to coercion. For example, asking a Soldier to
consent to a urinalysis for medical reasons, and then testing for drug purposes would be lawful trickery.

D. Medical Urinalysis
A urinalysis is constitutional if conducted for a valid medical purpose. Mil. R. Evid. 312(f). However, in the Army, most medical tests may only
be used for limited purposes. AR 600-85, para. 10-12, and Table 10-1.

E. Fitness for Duty Urinalysis
A commander may order a urinalysis based upon reasonable suspicion to ensure a Soldier's fitness for duty even if the urinalysis is not a
valid inspection and no probable cause exists. Results of such tests may only be used for limited purposes. See AR 600-85, para. 10-12(a)

See Also:
Probable Cause and Warrants,  Fourth Amendment,  Apprehensions,  Search and Seizure,  UCMJ Articles  
Army Legal Guide
This is not a Government website and any information contained here should
not be used to make any legal decisions or actions. See
Privacy and Disclaimer
Check out our Facebook page and stay updated.