New Urine Screening For Alcohol

[paso]

What is the name of your state? FL I am sure we are the last city to get this alcohol urine screening test(cough) but it is supposed to detect any alcohol in your system for 80 hrs prior to the screening. The probation officers used to breathalyze now they are using this instead which is sent to a lab. It is used for recovering alcoholics on probation and kids who party on Fri night thinking they are safe by Monday. How could this hold up in a court of law when sooo many products,even foods from fancy restaurants, contain alcohol-a lot of it hidden?

 

[xylene]

Probation is not a court of law.

 

[CavemanLawyer]

You are referring to the EtG test. This test doesn't actually detect alcohol it detects ethyl glucuronide, or EtG, a byproduct of the metabolization of alcohol, which remains in the system for about 80 hours. There is indeed a problem with this test in that it cannot distinguish between consumed alcohol or alcohol in food or sanitary products. Different counties have different policies, but the way this is dealt with is that your numbers have to be above a certain level before you "fail" the test. Studies have shown that use of hand sanitizers repeatedly throughout the day for the 80 hour period can yield EtG levels as high as 1,500 nanograms. By contrast, a single drink (beer or shot) will yield you 6,000 nanograms. So you see it shouldn't be too difficult for the test analyzer to distinguish between actual alcohol consumption versus incidental alcohol intake. Low level results should either be ignored or flagged for caution but should not be used to revoke probation or driving privileges. I'd expect probation officers to instruct probationers to avoid using hand sanitizers or other high alcohol products/foods.

As for how this is admissible, well the State is held to a lower evidentiary standard for violations of probation as opposed to regular guilt/innocence trials. The judge hearing the evidence will take the results into account and grant them what weight he/she wishes. The science doesn't have to be perfect. As a practical matter, probation officers will almost never revoke probation just for testing positive. It would take multiple failures or other violations to justify a motion to revoke probation.

 

[paso]

RE: Alcohol urine screening

TY for the input as it does serve great purpose as of yesterday. My question now is that we live on a farm, many animals and Germ X sits right on the kitchen counter and in all bathrooms and even in the probation urine testing room-ACK! As of last month(I drive my daughter to judicial review every month in court), the judge informed all in court that a new law was passed that if you violate ONE time its off to the hooskow for a yr and a day no questions asked. Daughter has been a model citizen,completed all classes,always tests neg for drugs,never has failed a breathalyzer and this has been every week for 10 months. Now yesterday they used the new urine screening which I knew lasts 80 hrs. but she is always using the Germ X as we have to go to some pretty dirty places UGH! Unfortunately the PO's out here do not give advice or try to help when you need them. So I am sure there will show some minute amount of alcohol from the hidden ingredients,etc. If the test comes back slightly dirty from that and they send her to jail for a one time violation should I hire a lawyer that could dispute this test? Any help would be appreciated. TY

 

[CavemanLawyer]

While the judge does sound serious, I think he is probably trying to scare probationers into completing their probation. If every probation got revoked for one violation than the courts would probably be very backlogged, and so would the jails.

When a motion to revoke probation is filed it is essentially treated like a new offense. You have a court setting where you can meet the prosecutor and try to work something out. If you cannot negotiate something than it is set for a hearing and that is where the judge determines whether probation has been violated and what your punishment will be. The punishment is either jail for a period of time or to modify your probation (longer or more restrictions or both.) It is at this hearing where you'd definitely have an attorney and present evidence about the faultiness of the test and how your daughter uses alcoholic products. There are a number of articles available on the internet about EtG tests and their shortcomings.

 

[paso]

VOP rule for alcohol urine screening

In Florida how does the probation system work as to VOP with the EtG test? Is it a law that one must be violated within 72 hrs.? And is it 72 hrs. from the hr. of the urine screening or when it gets to the lab or when the PO is notified? TY

 

[CavemanLawyer]

I don't know anything specific about Florida law, I was just speaking in general terms about probation and the EtG test. A 72 hr deadline for filing a VOP sounds strange though. I'd think a VOP could be filed at anytime so long as the person is still on probation.