Defending Military Members
Worldwide Since 1973

Innocent Ingestion

Experienced Military Drug Crime Attorneys

In the military, it is misconduct to knowingly and consciously use an illegal drug. The government must prove that the member knowingly and consciously used an illegal substance. If the positive urinalysis test was caused by the innocent or unknowing ingestion of a drug, then the member has not committed misconduct.

Often, prospective clients call us indicating that they have no idea how they tested positive for cocaine or other substances. Nearly always the amount of metabolite detected in their system was minimal. The key is to be able to show that it is scientifically plausible that the substance was ingested without knowledge.

If you believe you were provided drugs without your knowledge, call (833) 934-8265 to speak with the experienced military drug crime lawyers of Gary Myers, Daniel Conway & Associates.

Innocent Ingestion vs. Unknowing Ingestion

There are differences between innocent and unknowing (accidental) ingestion. In an unknowing ingestion case, the defense is basically saying that we have no idea how it got in the member's system, but the member did not knowingly ingest it. Good military character is often helpful in this type of case. An innocent ingestion defense is more like an alibi defense. With innocent ingestion, we are indicating that we know how the substance was consumed, but that the member did not knowingly or wrongfully consume it.

An innocent ingestion defense must be consistent with the science behind the drug test.

For an innocent or accidental ingestion case, we will be asking questions such as:

  • Where were you every day and night during the detection window for the case?
  • Were there witnesses at every period during the detection window who saw you sober?
  • Were there any witnesses that will testify under oath that they caused you to innocently or unknowingly ingest the substance in question?

If there are witnesses, they can testify to:

  • How much of the edible product was consumed
  • When the edible product was consumed
  • A recipe for the products
  • If the THC concentration of the plant material or other substance is known
  • Whether anyone else is known to have consumed the product in the social setting;
  • What effects were felt or observed
  • Whether the service member has good military character
  • Can we prove that you never experienced the side effects of the drug in question?

Start Preparing Your Case With a Lawyer

Before attempting to present an innocent or unknowing ingestion defense or speaking to law enforcement, you must consult an attorney that understands military drug cases. Based on the nanogram count of your drug test, law enforcement might draw conclusions as to the amount of drug consumed, the likelihood that you experienced side effects, and the truthfulness of any statements you make.

The military drug crime attorneys of Gary Myers, Daniel Conway & Associates have more than 100 years of combined experience. Contact us online today.

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