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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32826
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am getting a command directed drug test due to me being

Customer Question

I am getting a command directed drug test due to me being late. Should I refuse or fail it? Us army e5 9 years in
Submitted: 4 months ago.
Category: Military Law
Expert:  P. Simmons replied 4 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I do not understand what you mean by "refuse or fail"

What does that mean?

Are you saying you are contemplating refusing to follow the order?

Customer: replied 4 months ago.
due to the fact I will fail
Expert:  P. Simmons replied 4 months ago.


If you refuse to follow the order you can be prosecuted under Art 92, UCMJ for failure to follow the order.

And, frankly, they could order the test against your will...they could take you to the hospital and catheterize you (slide a tube up your penis to draw urine) in which case, if you fail you would be facing charges of both Art 92 (failure to follow the order) AND Art 112a (use of drugs)

I would not refuse the order...that would likely be a bad idea

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 4 months ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding

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