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Specialty tag(s): Mental Health and Addiction in Divorce, Divorce

Substance Abuse Cases: What Every Attorney Should Know About Drug And Alcohol Testing

Beth E. Maultsby | July 12, 2024

In a family law case, it is common for one party to accuse the opposing party of substance abuse. As a result, drug/alcohol testing has become a commonplace tool used to determine the accuracy of substance abuse allegations and settle issues related to custody and visitation. When used properly, drug/alcohol testing is a valuable tool that can be used to provide evidence of drug use and non-compliance with court orders or abstinence and compliance with court orders. Unfortunately, judges and attorneys are often uninformed regarding the technical nuances of the various testing methods, which results in drug/alcohol testing that is inappropriate to the specific circumstances of the case.

We’ve put together this resource to provide attorneys and judges with information regarding the technical applications and limitations of the various drug/alcohol-testing methods and offer practical tips for attorneys handling a case involving substance abuse.

• Frequently Asked Questions About Commonly Abused Drugs
• Frequently Asked Questions About Drug Testing
• Frequently Asked Questions About Urine Testing
• Frequently Asked Questions About Hair Testing
• Frequently Asked Questions About Nail Testing
• Frequently Asked Questions About the Alcohol EtG Test
• Frequently Asked Questions About SCRAM
• Attorney Tips
• Court Cases Discussing Hair Testing

Frequently Asked Questions About Commonly Abused Drugs

What Are the Most Commonly Abused Drugs?

Alcohol: While alcohol is a legal substance, abuse is common and can result in addiction along with severe physical and mental health issues. The liver quickly breaks down alcohol into its main chemical constituents, such as carbon dioxide and sugars. As a depressant, alcohol induces symptoms like impaired judgment, reduced motor coordination, and slurred speech. People primarily drink alcohol for its psychoactive effects, which include reduced inhibitions and a sense of euphoria.

Amphetamine: Amphetamines (AMP) act as stimulants for the central nervous system, promoting increased alertness, wakefulness, and energy levels. They also suppress appetite and generate a general sense of well-being. However, extensive use or high doses can lead to increased tolerance and dependency. Prescription diet pills are the most frequent source of amphetamines.

Barbiturates: Barbiturates (BAR), typically classified as depressants, induce an intoxicated state that closely resembles alcohol intoxication. The symptoms include slurred speech, impaired motor coordination, and compromised judgment. Tolerance, physical dependence, and psychological dependence can develop swiftly depending on the dosage, frequency, and duration of use. Abusers frequently prefer barbiturates with short and intermediate acting times, like secobarbital (Seconal), pentobarbital (Nembutal), and amobarbital (Amytal). Other barbiturates in this category include talbutal (Lotusate), butabarbital (Butisol), aprobarbital (Alurate), and butalbital (Fiorinal, Fioricet). When taken orally, the onset of action ranges from 15 to 40 minutes, with effects lasting up to six hours.

Benzodiazepines: Benzodiazepines (BZO), also known as depressants, are commonly prescribed for their sedative, sleep-inducing, anxiety-relieving, muscle spasm-alleviating, and seizure-preventing properties. These medications exhibit different effects based on the dosage: at high doses, they serve as hypnotics, at moderate doses, they function as anxiolytics, and at low doses, they act as sedatives. Similar to barbiturates, benzodiazepines vary in their onset of action and duration of effects. Short-acting benzodiazepines, which are typically prescribed for insomnia, include triazolam (Halcion), quazepam (Doral), estazolam (ProSom), temazepam (Restoril), and flurazepam (Dalmane). On the other hand, benzodiazepines with longer-lasting effects include lorazepam (Ativan), alprazolam (Xanax), clorazepate (Tranxene), prazepam (Centrax), diazepam (Valium), halazepam (Paxipam), oxazepam (Serax), and chlordiazepoxide (Librium). The abuse of benzodiazepines often occurs due to the euphoric sensation they produce, akin to alcohol intoxication. It’s noteworthy that about 50 percent of individuals entering treatment for narcotic or cocaine addiction also report abusing benzodiazepines.

Cocaine: Cocaine (COC) originates from coca leaves, and its consumption leads to heightened alertness, increased wakefulness, boosted energy, and a profound sense of euphoria. This drug can be administered in various ways: smoking, inhaling (“snorting”), or injecting. It’s important to note that cocaine has a high potential for addiction.

Ecstasy: Methylenedioxymethamphetamine (MDMA), originally synthesized in 1913 by a German pharmaceutical company, was initially intended for treating obesity. Users often report negative side effects, including increased muscle tension and sweating. Although MDMA shares some similarities with stimulant drugs like amphetamines, such as the ability to raise blood pressure and heart rate, it is not distinctly classified as a stimulant. MDMA can induce perceptual changes, enhancing light sensitivity, causing difficulty in focusing, and leading to blurred vision in some individuals. The drug primarily exerts its effects by releasing the neurotransmitter serotonin, and it may also trigger the release of dopamine, although this is generally considered a secondary effect. A common reaction to MDMA, observed in nearly all users taking a typical dose, is jaw clenching. The symptomatic and biological responses to MDMA are akin to those seen with methamphetamine use.

Methadone: Despite its chemical differences from morphine or heroin, methadone (MTD) produces similar effects. Today, methadone is primarily used to treat narcotic addiction, but it also serves as a mild pain reliever. The effects of methadone last longer than those of morphine-based drugs, with its impact persisting for up to 24 hours. This duration allows for once-daily administration in heroin detoxification and maintenance programs. However, methadone, intended to manage narcotic addiction, is also a commonly abused substance found on the illicit market and has been linked to numerous overdose deaths.

Methamphetamine: Methamphetamine (MET or M-AMP) is a powerful stimulant, often consumed as pills or powder, and can be snorted or injected. Its crystallized variant, commonly smoked, is even more potent. The effects of methamphetamine include heightened heart rate, increased alertness, enhanced physical activity, and suppressed appetite. However, its use can lead to severe and permanent brain damage, resulting in strokes and seizures, potentially fatal. Ecstasy, a derivative form of methamphetamine that is processed and refined, has become increasingly popular among teenagers.

Opiates: Opiates (OPI) encompass any addictive narcotic drugs that are made using the poppy plant’s resin. These substances act as analgesics (pain relievers) by depressing the central nervous system, which can also lead to respiratory system depression. Physicians commonly prescribe opiates for managing severe or chronic pain. However, they are highly addictive, both physically and psychologically, with even short-term use often leading to dependency. Commonly used opiates include opium, methadone, heroin, codeine, morphine, Talwin, Percodan, Demerol, Dilaudid, and hydrocodone. Opiates are frequently referred to as “downers.” They can be found in various forms: large, colorful capsules; dark brown, sticky bars or balls; small yellow, orange, or white pills; clear liquid; and white powder or crystals. Heroin is the most commonly abused illicit opiate.

Signs of opiate use can be physical and behavioral. Physical symptoms include excessive scratching and complaints of itching, watery eyes, slight hallucinations, runny nose, nausea, black and blue marks from “skin popping,” drowsiness, extreme loss of appetite and weight, strong body odor, tremors, vomiting, euphoria, needle tracks or punctures, constipation, trance-like states, reduced vision, excessive sweating, red nostrils from snorting, chills, pin-point pupils, irritability, cramps, unkempt appearance, excessive thirst, scars along veins, twitching, and lethargy. Opiates also impair cognitive functions, reducing attention span, sensory and motor abilities, and can lead to depression, irrational behavior, paranoia, and several other issues.

Oxycodone: (OXY) Pharmaceutical medications such as Percodan, Roxicodone, Percocet, and Oxycontin are classified as opiates. However, oxycodone’s unique chemical structure and metabolite require a distinct opiate test with significantly higher sensitivity than the standard opiate drug test. As a result, a positive test will not only detect oxycodone but also other prescribed opiates. Oxycodone is commonly prescribed as an oral pill. In this pill form, it is usually also combined with acetaminophen, an analgesic buffer. Acetaminophen, also known as 4′-hydroxyacetanilide, is a non-opiate, non-salicylate analgesic and antipyretic. It appears as a white, odorless, crystalline powder with a slightly bitter taste.

Phencyclidine: Phencyclidine hydrochloride, often referred to as “angel dust” or PCP, is a hallucinogenic drug. PCP can be ingested orally, inhaled, snorted, or injected. The drug’s effects are highly unpredictable and can vary widely among users. Some may experience euphoria, relaxation, or heightened strength, while others might encounter anxiety, panic, hallucinations, or distortions in time and space. PCP use can also result in paranoia and extreme irrational behavior. Although its popularity has significantly waned over recent years and it is no longer a prevalent drug of abuse, PCP still circulates on the streets and is used by specific groups.

Propoxyphene: Propoxyphene (PPX) is a narcotic analgesic similar in structure to methadone. This compound exhibits 50% to 75% of the potency of oral codeine when used as an analgesic. Commonly known brand names include Darvon and Darvocet, with Darvocet containing between 325 and 650 mg of acetaminophen and 50 and 100 mg of propoxyphene napsylate. After administration, peak plasma levels of propoxyphene are typically reached within one to two hours. In cases of overdose, propoxyphene concentrations in the blood can become substantially elevated.

Marijuana: Tetrahydrocannabinol (THC) is the primary active ingredient found in marijuana. This hallucinogenic substance is typically consumed through smoking, although it can also be ingested orally. Marijuana use can negatively affect learning and coordination skills. It is particularly prevalent among teenagers and young adults. The hallucinatory effects of marijuana can result in irrational actions, confusion, and feelings of paranoia. It remains the most commonly abused recreational drug.

All forms of cannabis have negative physical and mental effects. Several regularly observed physical effects of cannabis are a substantial increase in the heart rate, bloodshot eyes, a dry mouth and throat, and increased appetite. Use of cannabis may also impair or reduce short-term memory and comprehension, alter sense of time, and reduce ability to perform tasks requiring concentration and coordination, such as driving a car. Motivation and cognition may be altered, making the acquisition of new information difficult. Marijuana can also produce paranoia and psychosis.

Because users often inhale the unfiltered smoke deeply and then hold it in their lungs as long as possible, marijuana is damaging to the lungs and pulmonary system as well. Marijuana smoke contains more cancer-causing agents than tobacco smoke. Long-term users of cannabis may also develop psychological dependence and require more of the drug to get the same effect.

Tricyclic Antidepressants: Tricyclic antidepressants (TCAs) have been a cornerstone in the treatment of depression and compulsive disorders since the 1950s. Until recently, TCAs were the primary option for many physicians treating major depressive disorders. TCAs are also commonly prescribed for managing symptoms related to drug addiction and withdrawal, particularly alcoholism. These medications function by increasing serotonin and norepinephrine levels in the brain, which is achieved by slowing their reuptake by nerve cells. Typically, TCAs are administered over a prolonged period, as their effects develop gradually. However, due to the risk of dangerous cardiac issues, TCAs can be dangerous if misused at high doses. The potential for TCA abuse is well-documented, often driven by fear of relapse rather than their psycho-pharmacological effects, as chronic use can induce stimulatory physiological and euphoric psychological responses. Common generic and brand names for TCAs include nortriptyline, Vivactil, desipramine, Tofranil, Ludiomil, doxepin, Pertofrane, imipramine, Surmontil, Adapin, amitriptyline, maprotiline, Asendin, Elavil, Norpramin, amoxapine, Pamelor, Sinequan, and protriptyline. It is essential for a drug screening to include a TCA panel.

What Are the Common Street Names for Frequently Abused Drugs?

Terms related to drug street slang include:

Amphetamine	Beenie babies, hiballs, speed balls, speed, uppers, chalk, bennies, amp, hi, beans, eve, black beauties
Methamphetamine	Crystal, MDEA, meth, ice, glass, speed, bergs, icebergs, Ecstasy
Cocaine	Crack, coke, snuff, line, rock, flake, snow, toot, freebase, sugar, snort, stones, nose candy, and blow
Marijuana	Joint, reefer, bud, grass, hemp, roach, blunts, doobie, herb, rope, MJ, pot, weed
Phencyclidine (PCP)	Angel dust, magic dust, silver/gold glitters, dust, sherms, star dust, wack
Opiates (heroin)	Jones, smack, fix, horse, H, scag, hairy hombre
Barbiturates/benzodiazepines	Highway, lows, reds, uppers, trangs, barbs, downers
MDMA	X, hug drug, love drug, XTC, beans, lover’s speed, Ecstasy, adam

Frequently Asked Questions About Drug Testing

What Are the Most Common Methods of Drug Testing in Family Law Cases?

There are three major types of drug testing used by the courts:

Urine: Urine testing is the most common and has a broader window of detection than saliva testing. Saliva detection is usually effective for less than 24 hours from the time the drug is used. Urine testing can test for the greatest range of detectable drugs, and they can show up during a detection window ranging from a few days to a week after ingestion. Marijuana is the exception, with a detection window of up to 40 days for chronic users. Urine is best used if the person has recently ingested drugs and for random testing.

Hair: Hair testing is non-invasive and used to indicate long-term use. It is not a “follicle test,” since the follicle is not attached to the hair or the part of the hair that is tested. It takes approximately 150 strands of hair to have a sufficient quantity to perform the test, not one or two strands.

Drugs are captured in the core of the hair as blood passes through the hair follicle. The standard test from head hair covers a 90-day window of drug use. The most recent two weeks of hair growth is eliminated because during this period, the length of the hair growth is from follicle to above the scalp plus the thickness of the scissors. The sample is taken from the first 1.5 inches of hair, cut as close to the scalp as possible. Degradation starts to occur beyond 1.5 inches, preventing an accurate test. Body hair may be used when head hair is too short or non-existing. The window of detection for body hair can be as long as 12 months but may be much shorter; body hair grows for seven to 12 months and then becomes dormant.

Hair testing is accurate, but caveats exist. Marijuana is harder to detect in hair than other drugs, so even admitted marijuana users occasionally have negative test results. Another explanation for a negative test for marijuana, or any drug, can result from shampoos designed specifically to remove the drug from the core of the hair. Some of these products help reduce the levels, and some do not. Even bleaching or coloring the hair has a minor effect on the levels of the drug in the hair.

Nails: Fingernail and toenail testing is relatively new in drug testing. It is being used when the donor shaves their head to avoid a hair test or use of special shampoos are suspected. The accuracy is the same as with hair, since both are made of keratin. The window of detection is three to eight months.

Does the Lab Test for More Than One Drug per Sample?

Yes. Most labs use multiple drug test panels or screens in the initial test. The multi-drug screen allows you to run several drugs using one device and one sample. It is important to know before the test is performed which test panel is being administered and which drugs are included in the panel. Drugs tested in one panel may vary greatly based on the testing company, the lab, the expense, and the expectations. The following drugs are included in the most common test panels, but others may be added if specifically requested: amphetamines, barbiturates, benzodiazepines, cocaine, cannabis (THC), methadone, methamphetamines, opiates, PCP, MDMA (Ecstasy), and propoxyphene.

What Are the Methodologies Used to Test for Drugs?

There are two primary methods used to screen for drugs. The initial screen is an immunoassay, and confirmations are performed by gas chromatography/mass spectrometry (GC/MS), gas chromatography/mass spectrometry/mass spectrometry (GC/MS/MS), or liquid chromatography/mass spectrometry/mass spectrometry (LC/MS/MS)

Immunoassay stands as the predominant method for initial sample screening, renowned for its swift processing capability of multiple samples per cycle. Central to its operation is the principle of antigen-antibody interaction, wherein specific antibodies are meticulously selected for their selective binding to drugs or their metabolites. Detection of this binding employs enzymes, radioisotopes, or fluorescent compounds. To verify findings, any positive results from the initial screening undergo confirmation through a secondary method.

A confirmation test by GC/MS, GC/MS/MS, or LC/MS/MS is used in the event that drugs or their metabolites are detected in the initial screening test. The sample is tested again using these more sensitive methodologies. This method stands as the most accurate test for detecting and measuring drugs or their metabolites. It operates through a dual-phase procedure: first, gas chromatography of liquid chromatography divides the sample into its elemental components, and then mass spectrometry pinpoints the precise molecular composition of these compounds. This procedure is widely recognized as the definitive means of confirming the existence of drugs or their metabolites.

Are There Standards Used to Determine if a Drug Test Is Truly Positive?

Yes. The Substance Abuse and Mental Health Services Association (SAMHSA) provides guidelines for what qualifies as a positive drug test. If a test does not give results higher than the guideline cutoff level, it does not qualify as a positive test. If an immunoassay test gives positive results, a second confirmation test must also give positive results before the results are released as positive.

What Is PG/MG?

The pg/mg meaning is picograms per milligram. It is the unit of measurement used for cutoff levels.

Are There Differences Between Urine Cutoff Levels and Hair Cutoff Levels?

Yes. In general, cutoff levels for urinalysis have been established to reduce the possibility of external or incidental exposure such as passive inhalation. A true comparison of hair andurine cutoff levels is impossible, since the time frame differs (90 days vs. five days). SAMHSA’s recommended cutoff levels for forensic urinalysis tests are expressed in nanograms per milliliter (ng/ml) of urine. Hair cutoff levels are expressed in picograms per milligram (pg/mg) of hair.

What Are the Texas Probation Drug Test Cutoff Levels?

The Texas probation drug test cutoff levels can vary based on factors such as the county, court, probation office, and type of test used.

What Is a Metabolite?

A metabolite is any substance produced or used during metabolism (digestion). In drug use, the term usually refers to the end product that remains after metabolism. In other words, the body changes the drug to a metabolite.

Why Is it Important to Understand Metabolites in Drug Testing?

When a sample is given for drug testing, it will be tested for the drug itself (parent) and the substances (metabolites) produced by the body when it processes (metabolizes) the drug. The existence of a drug’s metabolite confirms that a person ingested the drug. For example, if a drug test showed a positive for benzoylecgonine or norcocaine, then the person being tested had ingested cocaine. The presence of the metabolite cocaethylene indicates that the person consumed alcohol at the same time as the cocaine.

Parent Drug	Metabolizes To
Amphetamine	Amphetamine
Methamphetamine	Amphetamine
Cocaine	Benzoylecgonine, norcocaine
Marijuana	Carboxy-THC
Hydrocodone	Hydromorphone
Oxycodone	Oxymorphone
Heroin	6-acetylmorphine

 

Will Commonly Ingested Substances Such as Vitamins, Penicillin, Aspirin, Caffeine, and Acetaminophen (Tylenol), Affect the Results of a Drug Test?

No. The tests are drug- and metabolite-specific. Because these commonly ingested substances are chemically and structurally different after being metabolized, they will under most circumstances not interfere with or compromise test results.

Are There Prescription and Non-Prescription Medications That Will Affect a Drug Test?

Yes, there are some prescriptions that contain the same drugs that are commonly found in street drugs. There is no easy way to distinguish between the two forms of the drug. However, the problem is not as big as it would seem.

There are no prescriptions for PCP. It is extremely rare to find cocaine used in a medical setting, although it happens occasionally, usually to control bleeding from the eye or nose. If used, it will be well-documented in the person’s medical file. Such use would cause the urine to test positive for a cocaine metabolite for approximately six hours. It would not be a sufficient quantity to cause a positive hair test.

Poppy seeds do not interfere with this type of testing. Other prescribed opiates may occasionally cause a positive screen but are sorted out in a confirmation test.

Some prescription diet pills contain either amphetamine or methamphetamine, and there’s a Parkinson’s disease medication that is a form of methamphetamine. Amphetamines are also prescribed by doctors for ADHD treatment. Ecstasy falls under the amphetamine category and is specifically confirmed by GC/MS testing.

When undergoing a drug test, individuals should inform the collection agency of all prescribed medications, except in pre-employment screenings. If you have concerns about a specific medication, understanding its general classification is crucial to anticipate potential positive results in drug test panels for substances like opiates, amphetamines, methamphetamines, benzodiazepines, and barbiturates. To determine the classification of a prescription drug, consult your pharmacist.

What Is the Difference Between Heroin, Morphine, and Codeine?

Chemically, nothing. All three of these drugs are derived from opium or the opium chemical structure and are in the opiate class of drugs. The difference is primarily in the manner in which opium is refined or synthetically manufactured and the form and method of delivery. Heroin metabolizes to morphine in approximately eight hours. The probable cause of a morphine positive test is either prescribed morphine or heroin use.

What Is the Difference Between Methamphetamine and Amphetamine?

Both amphetamine and methamphetamine are potent symphathomimetic agents. Methamphetamine metabolizes (or changes) into amphetamine in the body at a 10-to-1 ratio. A higher level of amphetamine exceeding the 10-to-1 ratio probably indicates that the subject is also taking a prescribed amphetamine at the same time as using methamphetamine. There will not be methamphetamine levels on a drug test if the person is taking only a prescribed amphetamine. Amphetamines, such as Adderall, do not metabolize to methamphetamine.

Frequently Asked Questions About Urine Testing

Are There Standards Used in Urine Testing to Screen Out a False Positive Test Result?

Yes. Under the DOT or federal testing guidelines, drug testing has two cutoff levels for positive detection. That is, labs that follow the guidelines consider drug testing to be negative if detection is below either cutoff level. In the case of urine analysis, drug testing cutoff levels are measured in nanograms per milliliter (ng/ml). For example, an initial screening for marijuana must show at least 50 ng/ml, and then confirmatory tests must prove at least 15 ng/ml. If the initial screening doesn’t show at least 50 ng/ml, then it’s considered to be negative and the confirmatory tests aren’t performed.

All other testing, such as court-ordered testing, is considered non-federal or non-DOT. The screening level for marijuana can be as low as 20 ng/ml to extend the window of detection in a non-federal urine test. The lab can also perform a limit of detection (LOD) test using the lowest possible cutoff levels. The LOD test should be used only in certain scenarios to determine if a specific drug has been used.

Why Do Screening and Confirmation Cutoff Levels Differ?

Screening and confirmation tests employ distinct methodologies that necessitate different cutoff levels. An initial drug screening uses an immunoassay test designed to detect a broad spectrum of chemically similar compounds that interact with specific antibodies fundamental to the test’s chemistry. In contrast, GC/MS confirmatory testing identifies and quantifies specific metabolites unique to particular drugs.

For instance, marijuana produces approximately five metabolites identifiable by immunoassay tests, with the cumulative nanogram level representing the sum of these metabolites. In GC/MS confirmation, however, only one of these metabolites is identified and reported individually.

What Is Creatinine?

Creatinine is the normal metabolic waste in urine. Measuring the amount of creatinine is the primary means to determine if a urine sample is diluted, resulting in an invalid test.

Is The Creatinine Level Important In Urine Drug Testing?

Yes. Because creatinine is excreted from the body at a constant rate, there are expected values for creatinine in normal human urine. The creatinine cutoff levels are as follows:

• Normal Human Urine: The creatinine value is greater than 20 mg/dL. Normal levels average between 100 and 200 mg/dL.
• Diluted Urine: The creatinine value is between 6 and 20 mg/dL.
• Substituted Urine Sample: The creatinine value is 5 mg/dL or less, meaning the sample is not consistent with human urine. The donor has poured something into the urine, such as water. To eliminate this problem, the donor should be ordered to provide a witnessed collection. This means the collector of the same gender actually observes the sample going into the collection cup.

How Does Sample Dilution or Adulteration Affect Test Results, and What Methods Are Used to Detect These Issues?

Dilution is the most frequent method of sample manipulation used to evade a positive drug test result. Additionally, sample adulteration can occur through the in vitro addition of substances or additives to the specimen, which disrupt the chemical reaction properties of lateral flow assays. The chart below illustrates the impact that substitution, adulteration, or dilution has on standard urine drug screenings.

Validity Marker	Adulterant	Method of Introduction to Urine	Mode of Action
Creatinine	Water	In vivo or in vitro, creatinine consistently appears in normal human urine. However, unusually low or missing levels of creatinine can signify that the sample has been diluted or replaced with non-human samples.	When an excessive amount of water is ingested, the urine becomes diluted, significantly lowering creatinine levels along with other detectable chemical markers, such as drugs and their metabolites. A sample donor might also try to tamper with the outcome of a test by using water directly to dilute drug concentrations in the urine sample (in vitro). Creatinine levels are typically measured alongside specific gravity to detect replaced or diluted samples.
Nitrites, oxidants	Klear, Whizzies, UrineLuck	Potassium nitrate is added to the urine specimen by the donor	Nitrates function as oxidizing agents that target drug or drug metabolite molecules upon contact. Their primary impact is to disrupt antibody binding in lateral flow assays and to interfere with GC/MS confirmation testing of cannabinoid positives. Samples exhibiting unusually high nitrate concentrations should be regarded as suspicious.
pH	Any acidic or basic substance	There are two primary methods: firstly, through the ingestion of substances that significantly alter urine pH values beyond the normal range (a highly unlikely scenario), and secondly, in vitro, where the donor introduces an acidic or caustic agent, such as bleach, into the sample to drastically change its pH.	The pH level of the sample can significantly influence enzymatic and antibody reactions in lateral flow drug tests. When the pH is either extremely high (>9.5) or low (<3.0), it has the potential to inhibit enzymatic activity. Furthermore, such pH conditions can jeopardize the chemical stability of the drug or its metabolites, leading to inaccurate negative test results. In such cases, a retest using a new specimen may be necessary to obtain reliable outcomes.
Specific gravity	Water	The donor consumes significant amounts of liquids or introduces fluid directly into the urine sample.	Unusually decreased specific gravity values typically suggest a diluted sample, particularly when creatinine levels are concurrently low.
Glutaraldehyde	UrinAid, ClearChoice	Donor adds a cleansing agent to the urine sample that contains glutaraldehyde	Glutaraldehyde disrupts the enzymes used in certain lateral flow drug tests, leading to false negative or invalid test results.

Is the Temperature of the Urine Important?

Yes. The urine specimen may not be valid if the temperature is not within a certain range. The average temperature of a non-witnessed urine sample returned to the collector is 95 to 97 degrees. The temperature of the collection container will drop the temperature of the urine slightly, and the time it takes to return the sample to the collector must also be considered. Any temperature less than or greater than this may not be consistent with normal human urine or a substituted sample. A perceptive and properly trained collector will make a decision to reject or accept the sample if the temperature is out of range. A witnessed collection will eliminate the problem with donors attempting to substitute or alter a urine specimen. A second sample is normally requested when the first is rejected for improper temperature or suspicious activity.

The above guidelines are not for DOT/federal drug testing; those guidelines can be found in the Code of Federal Regulations, Title 49, Part 40.

What Are the Drug Detection Periods in Urine?

The chart below outlines typical drug detection periods, but please note that the stated range is broad due to various influencing factors. In general, individuals who use marijuana chronically and have a high body fat percentage, low metabolism rate (such as older individuals), and poor overall health will experience longer drug clearance periods.

Target Drug	Minimum Detection Time	Maximum Clearance Time
Alcohol (not EtG test)	One hour per drink	12 hours
Alcohol (EtG test)	Depends on volume consumed	Up to five days
Amphetamines	Two to seven hours	Four days
Anabolic steroids	Four to six hours	Oral: Three weeks Injected: Three months Naldrolene: Eight months or more
Barbiturates	Two to four hours	Short-acting type (amobarbital, secobarbital, alphenal, butethal, allobarbital): Four days Long-acting type (phenobarbital, barbital): Three weeks or longer
Benzodiazepines	Two to seven hours	Infrequent user: Three days Chronic user: Six weeks
Cannabinoids (THC/marijuana)	Six to 18 hours	Infrequent user: Ten days Chronic user: 30 days or longer
Cocaine metabolite	One to four hours	Four days
LSD	Two hours	A few hours
Mescaline	One to two hours	Four days
Methadone	Two hours	Six days
Methamphetamines	One to three hours	Four days
Methaqualone	Three to eight hours	Ten days
MDMA (Ecstasy)	One hour	Three days
Opiates (heroin, morphine, codeine)	Two hours	Three days
Oxycodone	One hour	Two days
Phencyclidine (PCP)	Five to seven hours	Infrequent user: Eight days Chronic user: 28 days or more
Propoxyphene	Four to six hours	Two days
Psilocybin (mushrooms)	Two hours	Three days
Rohypnol	One hour	Eight hours
GHB	One hour	Eight hours
Tricyclic antidepressants	Eight to 12 hours	Seven days

If a Urine Drug Test Is Positive, Can You Determine How Long Ago the Drug Was Taken and Over What Period of Time?

No. The test can only indicate the presence or absence of a specific drug or its metabolite at the time of testing. Although there are general estimates regarding how long a drug might remain detectable in the system, no fluid-based drug test, regardless of its method, is designed to provide a precise timeline. Various factors unique to each individual undergoing testing influence the actual half-life of the drug. These factors include age, weight, gender, metabolic rate, overall health, hydration level, dosage amount, and frequency of drug use, among others. Therefore, it is not possible to determine when a drug was taken or the quantity consumed based solely on these types of drug abuse tests. Any conclusions drawn can only be speculative.

Will a Person Test Positive for Marijuana After Exposure to Secondhand Smoke?

No. Exposure to secondhand smoke cannot result in urine concentrations of THC exceeding the test’s cutoff sensitivity level or yielding a positive result. This is not a valid claim for any smokable drug.

Can an Individual Test Positive for Opiates if They Have Been Eating Foods With Poppy Seeds, Such as Poppy Seed Bagels?

No. The sensitivity standards were heightened to prevent false positives that could arise from consuming significant amounts of poppy seeds or poppy seed paste at lower sensitivity levels.

Frequently Asked Questions About Hair Testing

How Are Drugs Incorporated Into Hair?

Drugs are incorporated into hair by three main routes. First is environmental exposure. If an individual is exposed to drug smoke or particulate matter, the drug will physically transfer to the hair and bind to it. Second is from the sweat and oil of the scalp, which can contain drugs and drug metabolites. As these fluids bathe the hair shaft, they deposit the drug onto the hair, where it binds and is available for analysis. Third is from the blood. As blood travels through the hair follicle, it deposits drugs and drug metabolites into the core of the hair.

What Does PG/MG Mean in a Hair Follicle Test?

When you see “pg/mg” in a drug test, the meaning is “picograms per milligram.” This is a unit of measurement used for hair drug tests.

How Long After a Drug Is Ingested Will it Show in the Hair?

It takes approximately four to five days from the time of drug use for the affected hair to grow above the scalp and for the drug to start to show up in a person’s hair. The thickness of the scissors used to cut the hair as close as possible to the scalp is a factor. Adding this to the hair growth rate, the test results will not indicate any drug use in approximately the first two weeks starting with the date the hair was collected. In other words, your window of detection starts two weeks before the hair was collected.

The growth rate of body hair is significantly slower compared to head hair, making it unsuitable for accurately determining a drug use timeline. Body hair typically grows for a period of seven to 12 months before entering a dormant phase, after which it sheds and new hair starts to grow. While laboratory reports may suggest a detection window of approximately 12 months, it is important to understand that this is not an exact 12-month test.

How Long Are Drugs Detected in Hair?

A standard head hair test covers a period of approximately 90 days. Once the drug and drug metabolites are incorporated into hair, they begin to slowly leach out due to normal daily hygiene and exposure to the elements. Head hair grows an average of 0.5 inches per month. After about three months, most drugs have leached out below the level of detection or to a level not representing an accurate indication of drug use.

How Much Hair Is Needed for a Drug Test?

A typical test, confirmed by GC/MS, needs more than 60 milligrams of hair, roughly equating to 90 to 120 strands. The variation in the amount of hair required stems from differences in hair thickness, ranging from thick and coarse to thin and fine.

How Long Does the Head Hair Sample Need to Be?

The optimum length of a head hair sample is 1.5 inches. The hair sample is cut as close to the scalp as possible, and the most recent 1.5 inches are tested. Upon receipt at the laboratory, the root end is identified and the specimen is cut at 1.5 inches, which is representative of approximately three months of growth. The excess length of hair is sealed and kept with the original sample by most labs. A sample of 1.5 inches in length and 90 to 120 strands of hair allows for an initial immunoassay test, two or three confirmation tests, and a small amount left over for a referee lab, if needed, for a re-test.

Can Body Hair Be Used if There Is No or Insufficient Head Hair?

Body hair can be used if there is no or insufficient head hair for a test. If body hair is used, the time frame represented by the test is approximately one year, due to the different growth pattern in hair below the neck.

Does Body Hair Give the Same Type of Results as Head Hair?

Yes, body hair can be used to test for drugs just like head hair, though body hair growth patterns are different than head hair. Most body hair is replaced within approximately one year. This means a test done with body hair will be reported as drug use during approximately a one-year time frame.

Can Hair Collected From a Brush Be Used?

Yes. But a time frame of use cannot be determined, and normally, test results from a brush are not admissible in court.

Does the Lab Perform a Confirmation Test of All Positive Hair Results in the Initial Screen?

Yes. Automatic confirmation using GC/MS, GC/MS/MS, or LC/MS/MS is performed for all specimens that screen positive in the initial test.

What Drugs Are Included in the Standard Hair Test?

The standard hair test is a five-panel test that looks for:

• Cocaine and its metabolites
• Methamphetamine, amphetamine, MDMA (Ecstasy), and MDA (Ecstasy metabolite)
• Opiates, morphine, and codeine
• Phencyclidine (PCP)
• Marijuana

The following additional drugs can be tested for in the hair:

• Benzodiazepines (diazepam metabolites)
• Barbiturates
• Opiates (additional prescribed drugs not listed above)

• Methadone and EDDP (metabolite)
• Propoxyphene metabolite
• Oxycodone
• Meperidine
• Tramadol
• Fentanyl
• Sufenanil

What Are the Cutoff Levels Used for Hair Testing?

The cutoff level for each drug varies depending on the type of drug and the lab conducting the test. The standard five-panel test includes the following drugs and cutoff levels:

Drug Class	Screening Cutoff Level	Confirmation Cutoff Level
Amphetamines (amphetamine, methamphetamine, and Ecstasy)	500 pg/mg	500 pg/mg
Cocaine and benzoylecgonine	500 pg/mg	500 pg/mg
Opiates (codeine, morphine, and 6-MAM (heroin metabolite))	500 pg/mg	500 pg/mg
Phencyclidine (PCP)	300 pg/mg	300 pg/mg
Marijuana	1 pg/mg	0.3 pg/mg

Do the Results of the Hair Test Tell Us Anything About the Individual’s Drug Use?

Yes. The following chart provides an approximate use rate based on the level reported in the lab results.

Drug	Confirmation Cutoff	Low Use (Recreational)	Medium Use (Weekends/Daily)	High Use (Constant or Daily)
Amphetamines	500 pg/mg	500 pg/mg	2,500-7,500 pg/mg	7,500+ pg/mg
Cocaine	500 pg/mg	500 pg/mg	500-2,000 pg/mg	10,000+ pg/mg
Opiates	500 pg/mg	500 pg/mg	2,000-8,000 pg/mg	9,000+ pg/mg
Phencyclidine	300 pg/mg	300 pg/mg	500-1,000 pg/mg	2,000+ pg/mg
Marijuana	0.3 pg/mg	Amount does not correlate to use

Can Hair Be Impacted by Over-the-Counter Medications or Other Cross-Reacting Substances?

Hair testing employs enzyme immunoassay antibodies (EIA), akin to those used in urine tests, for initial screening of drugs of abuse, and consequently, there is a possibility that substances such as over-the-counter medications could lead to a false positive during screening. To mitigate this risk and avoid reporting false positives due to cross-reactivity, the laboratory automatically confirms all positive initial tests using LC/MS/MS, GC/MS/MS, or GC/MS methods.

Can Exposure to External Substances Such as Marijuana or Crack Smoke Impact Hair Test Results?

Generally, no. Before any screening process begins, all hair samples undergo rigorous washing to eliminate external contaminants. The laboratory specifically tests for metabolites of the parent drug to exclude any environmental influences or exposure. For instance, in the case of marijuana, most laboratories solely detect the metabolite THC-COOH, which is exclusively produced by the body and cannot be attributed to environmental contamination. If the ratio of the wash solution exceeds 10% of the confirmation result, the sample is deemed contaminated by the lab. Conversely, if the ratio is below 10%, the sample is considered positive.

However, one lab does test for external exposure with a test called ChildGuard. This test is used to determine if a child has been exposed to illegal drug use by their parent or others. It is important not to wash the child’s hair after exposure and before collecting the sample to be tested. The test is then used to detect the presence of the parent drug, not the metabolite.

Will a One-Time Use of an Illegal Drug Be Positive on a Hair Test?

It takes multiple uses to test positive for normal drug use; one-time use will not be above the cutoff level. A person claiming that they used a drug only one time does not have a valid explanation for a positive test result. The exception may be a person on a continuous binge for several days that the person considers to be a one-time use.

Does Treatment of the Hair Affect Test Results?

Extensive bleaching, perming, and dyeing may damage the protein matrix of hair, allowing a portion of the drug within the hair to be extracted, thus lowering the final quantitative result with certain drugs. Normal hair washing helps to remove external contamination, and commonly used hair products (shampoos, conditioners, sprays, mousses, or gels) have no significant effect on hair results.

Can You Buy Adulterants, Such as Shampoos, to Alter the Results of a Hair Test?

Shampoos designed and sold with the intent to cleanse the hair of drugs and other toxins have varying degrees of effectiveness. One product on the market will cut the level of drug in half each time it is used, but the chemical in the shampoo will burn the scalp or skin after several applications, preventing extensive use. A chronic user can lower the level but probably cannot eliminate the drug below the cutoff level. But a recreational user, starting with a low level, will probably be able to get below the cutoff level, resulting in a negative hair test.

Can Hair Be Affected by Cross-Reacting Substances Such as Over-the-Counter Medications?

Maybe. Enzyme immunoassay antibodies (EIA), similar to those used to test urine, are used for the initial screening test for drugs of abuse in hair, and the potential for substances such as over-the-counter medications to cause a false positive screening result does exist. To eliminate the possibility of reporting a false positive due to cross-reactivity, certified labs confirm all positive results by GC/MS, GC/MS/MS, or LC/MS/MS

How Does Hair Testing Compare to Urinalysis?

In side-by-side comparison studies with urinalysis, hair drug testing has uncovered significantly more drug use. In two independent studies, hair drug testing uncovered four to eight times as many drug users as urinalysis.

The primary reason for this difference is due to the longer window of detection for hair compared to urine. Drug users are very educated on drug testing and will often refrain from drug use for several days when they know a urine test is imminent, resulting in a negative urine test. They may also substitute or adulterate the urine sample if the collection is not witnessed, resulting in a negative test.

Frequently Asked Questions About Nail Testing

Is Fingernail and Toenail Drug Testing New?

No. Drugs of abuse actually have been measured in nails since 1984. However, it is relatively new to the drug testing industry in the U.S. Several reasons can be attributed to this. One is the need for longer detection periods that a nail test provides. But probably more significant was the increasing number of products on the market to negate urine testing and individuals shaving their head and body to avoid a hair test. This has brought nail testing to the forefront as a needed and useful alternative.

How Do Drugs Get Into the Nail?

Like hair, fingernails and toenails are composed of a hard protein called keratin. Drugs are incorporated into nails from the bloodstream and remain locked in the nail as it grows. Nails grow in both length and thickness. Drugs enter the nail from the base (cuticle end) as the keratin is formed and via the nail bed that extends under the full length of nail.

How Do You Obtain the Nail for Testing?

One of the most important fingernail drug testing facts to know is how the process works. Fingernails and toenails can be clipped for testing, or if their length does not allow clipping, the surface can be shaved. Nail polish and acrylic nails must be removed prior to collecting the nail sample.

What Is the Method for Testing Fingernails for Drugs?

The method of screening for drug use in nail tests is the same as hair, an immunoassay. The nail is put in a chemical solution to remove external contaminants and is then liquefied. All drugs found in the initial screen are confirmed by other methods.

Over What Period of Time Will the Fingernail Test Show Drug Ingestion?

Drugs can be identified in nail clippings starting two to four weeks following ingestion and can be detected for three to eight months. This broad range is based on many factors. Fingernails grow 0.12 inches per month, much faster than toenails, which grow 0.042 inches per month. And nail growth can also be influenced by things like the age and gender of the person, the time of year, the food the person eats, or the specific hand or finger: Nails on the dominant hand grow faster, and nails on longer fingers grow faster, too.

Are There Products That One Can Buy to Beat the Nail Drug Test?

No product has been proven effective in ensuring that a person who has abused drugs can pass a fingernail test.

Can You Have a Positive Nail Test From Exposure to Cocaine?

Yes, if the person handles cocaine on a regular basis. Nails are porous, allowing the cocaine to absorb into the nail. But it is important to remember that the nail test results will only be positive for the parent drug, cocaine, at a very low level, not the metabolites of cocaine, which are norcocaine and benzoylecgonine.

If the metabolite cocaethylene (alcohol) is positive on a nail or hair test, it proves that the person consumed alcohol at the same time as the cocaine.

What Are the Nail Drug Test Cutoff Levels?

As with other tests, nail drug test results in pg/mg vary by substance. The nail drug test cutoff levels for specific substances are:

• Amphetamines:
  • Amphetamine: 500 pg/mg
  • Methamphetamine: 500 pg/mg
• Cocaine:
  • Cocaine: 500 pg/mg
  • Benzoylecgonine (cocaine metabolite): 500 pg/mg
• Cannabinoids:
  • Delta-9-tetrahydrocannabinol (THC): 2 pg/mg
  • THC-COOH (THC metabolite): 0.1 pg/mg
• Opiates:
  • Codeine: 300 pg/mg
  • Morphine: 300 pg/mg
  • 6-acetylmorphine (heroin metabolite): 200 pg/mg
• Phencyclidine (PCP):
  • Phencyclidine: 300 pg/mg
• Benzodiazepines:
  • Diazepam: 200 pg/mg
  • Nordiazepam: 200 pg/mg
  • Oxazepam: 200 pg/mg
  • Temazepam: 200 pg/mg
• Barbiturates:
  • Secobarbital: 200 pg/mg
  • Butalbital: 200 pg/mg

Frequently Asked Questions About the Alcohol EtG Test

What Are the Problems With Detecting Alcohol in the Body Using the Current Blood, Breath, Saliva, and Urine Methods?

Alcohol is rapidly eliminated from the body, at a rate of approximately one drink per hour. Whether looking for alcohol in breath, blood, saliva, or urine, using the standard technology, this rapid elimination limits the detection of alcohol to a matter of hours. For instance, a person who was under the influence of alcohol at 10 p.m., determined by standard methods such as breath, blood, or saliva tests indicating levels above 0.08%, would probably test negative by 9 a.m. the next day. This is due to the body’s quick process of eliminating alcohol.

Is There a Test That Can Detect Alcohol Consumption for a Period Longer Than a Few Hours?

Yes: The EtG test. Through extensive research, ethyl glucuronide (EtG) has been identified as a direct byproduct of alcohol (ethanol). EtG has become the preferred marker for detecting alcohol due to technological advances that have made testing routinely accessible. Its detection in urine can reveal recent alcohol consumption even when ethanol is no longer detectable using traditional methods. The presence of EtG in urine definitively indicates alcohol ingestion.

Other types of alcohol, such as stearyl, cetyl, and dodecanol, metabolize differently and will not yield a positive result on an EtG test.

How Long Can EtG Be Detected in Urine?

The EtG test is often called the “80-hour test” for detecting ethyl alcohol, but that’s not always entirely accurate. While it’s true that EtG can be detected in chronic drinkers for up to 80 hours, or even five days in some cases, the actual detection window hinges on two key factors: the volume of alcohol consumed and the intervals between drinks. In chronic users, EtG levels can soar beyond 100,000 ng/mL. However, for someone who has only consumed three drinks, the detectable level of EtG is significantly lower, peaking around 15,000 ng/mL at approximately nine hours and remaining detectable for about 20 to 24 hours.

In essence, the presence of EtG in urine confirms that ethanol was ingested, making EtG a more reliable marker of recent alcohol consumption than ethanol itself.

How Stable Is EtG in Urine?

EtG remains stable in urine for more than four days when kept at room temperature. Interestingly, recent studies show that heating urine to 100 degrees Celsius enhances the stability of EtG. Additionally, no artificial formation of EtG has been observed after storing urine at room temperature, even when it was fortified with 1% ethanol for an extended period.

How Accurate and Reliable Is the EtG Test?

EtG is detected in urine with high specificity, akin to tests for other drugs. Leading laboratories employ the most advanced, sensitive, and specific equipment and technology, namely LC/MS/MS, to screen, confirm, and quantify EtG. This technique ensures exceptionally accurate results.

Can Residual EtG Be Detected in the Urine of Long-Term Alcoholics Who Abstain?

Research shows that individuals who have abstained from alcohol typically have no measurable levels of EtG in their urine following about 80 hours of detoxification.

Is There a Problem in the Test Results Caused by Urine Alcohol Produced by Fermentation?

EtG is detected in urine exclusively when alcohol is ingested. This distinction is crucial because alcohol can appear in urine without direct consumption. The presence of alcohol in such cases results from in vitro ethanol production. Ethanol can form spontaneously in the bladder or within the specimen container due to the fermentation of urine samples that contain sugars (as seen in diabetes) and yeast or bacteria. But since this ethanol is not metabolized by the liver, EtG is not generated, and consequently, it will not be found in urine where alcohol results from fermentation.

Will the Use of Incidental Alcohol, Such as Mouthwash, Over-the-Counter Cough Syrups, or Non-Alcoholic Beer, Trigger a Positive Result?

Yes. Research indicates that inadvertent exposure to certain everyday products, such as vanilla extract, hygiene items, mouthwash, or common medications like cough syrups, can lead to EtG levels surpassing 100 ng/mL. However, when measurable ethanol appears in urine alongside EtG concentrations exceeding 250 ng/mL, it strongly suggests recent alcohol consumption.

Laboratories provide flexibility in setting cutoff levels at 100, 250, or 500 ng/mL. It is strongly recommended to adopt the 500 ng/mL threshold to minimize the risk of false positives from accidental exposure. Tests conducted on products or foods associated with accidental exposure consistently yield no EtG levels above 500 ng/mL.

What Are the Key Benefits of Using the EtG Test?

Using an EtG test:

• More accurately detects recent alcohol use over an extended period compared to standard tests
• Guarantees no false positives
• Strongly indicates alcohol consumption within the past three to five days
• Does not return positive results from fermentation in the sample
• Enables effective monitoring in alcohol treatment programs
• Serves as an early warning system to identify relapse trends

Frequently Asked Questions About SCRAM

What Does SCRAM Mean?

SCRAM stands for Secure Continuous Remote Alcohol Monitor. It’s a tool that helps courts and agencies continuously monitor their alcohol offenders to ensure that they’re not drinking. It was developed by Alcohol Monitoring Systems Inc.

How Does the SCRAM System Work?

The SCRAM device is worn as an ankle bracelet, and while in place, the device monitors the subject’s blood alcohol transdermally, meaning it measures the migration of alcohol through the offender’s skin. The measurements obtained are then converted from a perspiration alcohol level to a blood alcohol content.

How Does the Transdermal Alcohol Testing Work?

Transdermal alcohol monitoring means that alcohol is measured through the skin. Transdermal testing measures the concentration of alcohol present in the perspiration that is constantly produced and given off by the skin. If an individual has been drinking, it shows up in the level of ethanol vapor present in this perspiration.

While transdermal testing cannot determine exact blood alcohol concentration (BAC) levels, it can qualitatively determine whether a person drank a small, moderate, or large quantity of alcohol by measuring transdermal alcohol content, or TAC. TAC results correlate well with BAC results. However, because of the way alcohol is absorbed and processed by the body, TAC peaks typically are reached 30 minutes to two hours after BAC peaks.

What Are the Components of the SCRAM?

There are three components to the SCRAM system:

• The SCRAM bracelet
• The SCRAM modem
• SCRAMNET

What Is the SCRAM Bracelet?

The SCRAM ankle bracelet, a patented device, is secured to the offender’s ankle using a robust and tamper-proof strap. Weighing 8 ounces, the bracelet is worn continuously, 24/7, throughout the court-mandated abstinence period.

Every half-hour, the bracelet takes transdermal alcohol readings by analyzing perspiration from the air just above the skin. This data is then stored and, at set intervals, sent wirelessly via a radio-frequency (RF) signal to the SCRAM modem. Readings are recorded with the date and time for straightforward reporting and analysis.

What Is the SCRAM Modem?

The SCRAM modem serves as the conduit for transmitting data collected by the SCRAM bracelet to Alcohol Monitoring Systems for thorough analysis and reporting.

Upon the installation of the SCRAM bracelet on the offender’s ankle, the individual also receives the SCRAM modem. This device connects to an analog telephone line, typically located in the person’s home or workplace. At designated times each day, the SCRAM bracelet communicates with the modem, which then retrieves all stored data from the bracelet. It stores tamper alerts, diagnostic data, and alcohol readings uploaded from the SCRAM bracelet. Additionally, the modem downloads monitoring and reporting schedules to the bracelet.

What Is the SCRAMNET?

When data is received from the SCRAM modem, it is stored in SCRAMNET, the Web-based application managed by AMS where offender data is collected, analyzed, and maintained in a secure, central location. SCRAMNET flags any incidents of alcohol ingestion, tampering, or removal attempts.

What Does SCRAM Cost?

There is a $75 fitting fee. Thereafter, the cost per month is typically $360 ($12 per day).

Can the Person Take the Bracelet Off to Avoid the Testing?

Once the bracelet is strapped on with a locking clip, the client cannot take it off.

Can the Individual Bathe With the SCRAM Bracelet On?

The SCRAM bracelet is water-resistant, so the individual does not have to remove the bracelet to shower. However, it cannot be submerged in water, such as bathtubs or hot tubs.

What Happens if the Person Consumes Alcohol?

Alcohol consumption or attempts to obstruct the device’s measuring capabilities are immediately reported via computer, and local authorities, or attorneys in a family law case, are notified.

Is the Individual Monitored 24 Hours a Day?

Yes. The readings offer a round-the-clock glimpse into the individual’s life. You can tell when the individual is asleep and when they get up.

Can the SCRAM Bracelet Detect if the Individual Is Attempting to Distort the Readings?

Yes. Besides measuring ethanol vapor and temperature, the bracelet also contains an infrared distance detector that can tell if an offender has tampered with the device, such as trying to shove an obstruction between their ankle and the bracelet.

What Are the Advantages of Using the SCRAM System Over Other Methods of Monitoring?

SCRAM offers significant advantages to courts and supervising agencies as well as to the clients themselves. Some of the key benefits of SCRAM include:

• Continuous Testing: While blood and breath tests only measure sobriety at a specific point in time, SCRAM samples the offender’s sweat as often as every half-hour. This gives complete 24/7 coverage, rather than just a snapshot look at when alcohol offenders are on their best behavior.
• Increased Accountability: Because SCRAM gives complete, around-the-clock data on whether or not the individual is consuming alcohol, they can’t drink around testing schedules or lie about their actions.
• Non-Invasive, Automated Testing: Because SCRAM’s testing process is automated, it requires no labor or appointments to administer tests.

Have the Courts Accepted the SCRAM Technology?

Yes. Continuous transdermal alcohol monitoring technology has been accepted in evidentiary hearings across the country. Texas courts have recognized that the device is accurate, reliable, and generally accepted.

What Kind of Impact Can the SCRAM Technology Have on the Individual Wearing the Bracelet?

SCRAM is an effective deterrent to keep individuals from drinking and gives them the opportunity to finally get and stay sober. Combining that with treatment gives them the best chance for long-term change and allows them to maintain family obligations, hold jobs, and contribute positively to the community.

How Can SCRAM Help a Family Law Judge?

Judges frequently face the difficult task of figuring out how to balance giving an alcoholic parent a chance to stay sober and parent and protecting the child if the parent is unable to do so. While the judge may want to give alcohol offenders the benefit of the doubt that they’re staying sober as directed, it’s hard to know for sure what they’re doing unless you monitor them around the clock. SCRAM lets judges gauge offender drinking patterns more effectively, be more confident in giving offenders the benefit of the doubt, and better balance the offender’s needs with the need to protect the child.

How Can SCRAM Help the Attorney Representing an Alcoholic Parent?

Attorneys can use the SCRAM as a valuable tool to help prove that their clients are staying sober. Savvy attorneys are using the data generated by SCRAM to factually assess offenders for alcohol misuse issues and provide solid evidence that shows that their clients are abiding by court-ordered abstinence.

Attorney Tips

Educate Yourself Regarding Drug/Alcohol Use and Testing

The first step in handling a family law matter involving substance abuse is to educate yourself regarding drug/alcohol use and the various types of testing so that you can appropriately and adequately represent your client. If you are not educated regarding drug/alcohol use and testing, then you may harm your client’s case from the very beginning.

Know Your Client’s Substance Abuse History

You should know your client’s drug/alcohol history before you either ask for drug/alcohol testing of the opposing party and/or put your client on the stand to testify. If your client alleges that the other party has a substance abuse problem, then take the time to explore what involvement your client has had with drugs/alcohol. If one party is using illegal drugs, there is a high likelihood that the other party is or has. If you ask for drug/alcohol testing of the opposing party, it is probable that the opposing counsel will ask that your client be tested as well. Make sure you are knowledgeable regarding your client’s drug/alcohol history so that you can avoid any surprises and know how to proceed in the case.

Determine a Strategy for Handling Your Client’s Substance Abuse Problem

If your client acknowledges a substance abuse problem, then it is likely that the opposing counsel will bring this issue to light if there is a hearing. For this reason, you may want to consider cushioning the impact of this fact by having your client admit to their substance abuse history up front. By doing so, the judge will get to hear the story first through your own client instead of through the opposing counsel. A prevailing theme should be that your client is taking responsibility for their actions and is seeking the appropriate treatment.

Take Action if You Believe That Your Client Is Using Illegal Drugs but Won’t Admit This Fact to You

Many clients will lie to their attorney about drug use. If you have reason to believe that your client is using illegal drugs but they do not admit to this fact, you may want to pre-test the client prior to a court hearing. Many pre-tests are positive. It is not uncommon for the attorney to call the testing facility for an explanation as to why the client tested positive when the client has denied that they used drugs. The answer given by the testing facility is simple: “Your client is lying.”

If you are going to pre-test your client, test your client today, not tomorrow. Do not give your client the opportunity to alter the results. Even if your client acknowledges a substance abuse problem, you may still want to consider sending your client for drug/alcohol testing or treatment before filing an action or appearing for a court hearing.

If you elect to pre-test your client, make sure you take the appropriate steps to shield the test results from discovery.

Know When to Raise the Issue of the Opposing Party’s Substance Abuse

If you are seeking temporary orders, consider whether you want to include a request for drug/alcohol testing in the pleading requesting temporary orders. By requesting drug/alcohol testing in a pleading, you are giving the opposing attorney and party notice of an impending test. This pre-warning gives the opposing party the opportunity to stop their substance use and to take steps to alter the results of a future test. If the court in your jurisdiction will issue an order for drug/alcohol testing without a pleading on file if the issue is raised at a hearing, then you may want to wait and raise the issue at the time of the hearing.

Formulate a Plan for Questioning the Opposing Party Regarding Their Use of Drugs/Alcohol

In deciding whether to order testing, judges will be evaluating the credibility of the testimony before them. Most litigants are not familiar with the technical nuances of the various drug-testing methods. As such, they do not understand the ramifications of their answers to questions regarding drug/alcohol use. If your questioning of the witness is to provide information that is valuable in determining what test to use and whether the witness is being truthful regarding their drug/alcohol use, then you must have a good working knowledge of the types of drugs, the length of detection time, and the various testing methods.

How you approach the issue of drug/alcohol use with the witness will have a significant impact on the information that you are able to obtain. If you commence the questioning with a question like, “Have you ever used illegal drugs?” you are giving the witness an opportunity to lie with the very first question asked. It is important to very specifically question the witness regarding their drug/alcohol use so that you can determine what test(s) needs to be administered and what the result should be based on the testimony. If the witness tests positive for an illegal drug or alcohol when based on their testimony the result should have been negative, then the credibility of the witness is negatively impacted.

The following are example questions to use with a witness who you believe has in the recent past abused illegal drugs. The answers to these questions will provide you with the information you need to determine the type of test(s) to request that the court order and what the results of the test should be based on the testimony:

• When is the last time you used illegal drugs?
• What drug(s) did you use?
• How much?
• How did you ingest the drug?
• Who was present with you when you used the drugs?
• Do you have friends who use drugs?
• Do you go to events, locations, etc., where other people are using drugs?
• When is the last time you used illegal drugs before the last time you just told me about?

Then, repeat the sequence above if there was a prior use.

If appropriate, continue with this: “Based on the testimony you just gave me, it would appear that you should be negative on a drug test. Is there any possibility that you could be positive on a drug test administered today?”

In addition, you may want to question the witness about the following topics, which may provide additional information regarding whether there is a substance abuse problem:

• Arrest record
• Criminal convictions
• Treatment for drug usage
• Reports to CPS
• Car wrecks
• Allegations of family violence

Request the Judge Issue Orders to Ensure That the Drug/Alcohol Test Result Is Valid

There are many different ways a person may try to “beat” a drug/alcohol test. Before the judge sends the witness for the test, you should request that the judge issue certain orders to help prevent the witness from altering the test results. The following are several examples of orders/findings of fact that the judge can issue to help ensure the validity of the test:

• If hair testing is to be used:
  • Do not cut your hair.
  • Do not bleach or dye your hair.
  • The testing facility may use body hair if there is insufficient head hair.
  • If there is no or insufficient head hair, then do not shave your body hair.
  • Issue a finding on the color and length of hair before the party leaves the courtroom.
• If fingernail testing is to be used:
  • Do not cut your nails.
  • Issue a finding on the length and condition of the nails before the party leaves the courtroom.
  • Do not apply artificial nails.
  • If the party has their nails polished or has artificial nails, order that the polish and/or artificial nails be removed.
• If urine testing is to be used:
  • Order that the testing facility witness the collection of the urine.
  • Do not drink any liquids before the testing, unless so instructed by the testing facility.
• For any test:
  • Order that the witness appear at the testing facility in a specific time frame for the test.
  • If the witness does not have sufficient cash to pay for the test at the time of the test, order that the sample be given in the time frame ordered and that payment be made within a specific period of time. (In Dallas County, the testing facility will then hold the sample for the specified period of time. If payment is made, the sample is then submitted for testing.)

Know Terms That Should Be Included in the Order for Drug/Alcohol Testing

Depending on the facts of your case, some or all of the following terms should be included in an order for drug/alcohol testing:

• Testing Facility: Specifically identify the testing facility, including name, address, and telephone number.
• Testing Method: Identify the specific test(s) to be administered. If prescriptions are abused, make sure the order includes the specific drug or drugs so the drug testing company will request the correct testing panel. Testing panels are not the same at each drug testing company or lab.
• Frequency of Testing: If the testing is to occur more than once, then the frequency of the testing needs to be specifically set forth in the order.
• Logistics and Cost of Testing: Two major factors affecting a party’s ability to comply with drug testing are the cost of the testing and the logistics surrounding the testing. For example, the work schedule of the party may need to be balanced with the availability of transportation and the hours of operation of the testing facility.
• Who Pays for the Testing: The testing order should specifically set forth who is to pay for the test. If the opposing party is to pay for the test, then you need to add provisions that address when payment is to be made and the consequences if the opposing party fails to pay.
• Length of Testing: The testing order should specifically state how long the drug/alcohol testing is to occur.
• Who Is Entitled to Receive the Test Results: The opposing party and/or attorney will want a copy of the test results directly from the testing facility. The testing facility will either want a release signed by the party or an order to this effect.
• Confidentiality of Test Results: It may be appropriate that the test results remain confidential and that the test results be limited to the adjudication of custody and visitation matters. You may want your temporary order to specify that the results may be released to specified, authorized persons, such as experts, the mental health professionals involved in the case, etc.
• Consequences of a Positive Result or Failure to Comply: Compliance with testing is enhanced when the party is clearly informed of the consequences of noncompliance and the details of the testing requirements. As such, the testing order needs to be as specific as possible with respect to testing time, testing protocol, and consequences. Possible consequences that may be included in an order include:
  • Failure to appear for the test or an invalid test result will be treated as a positive test result.
  • Visitation may be limited to no overnights.
  • Visitation may be supervised.
  • Visitation may be abated until further order of the court or agreement of the parties.
  • The party may be ordered to commence treatment.

The unwritten consequence of noncompliance with the testing order is that the credibility and trustworthiness of the party is negatively impacted in the eyes of the court.

Make Sure You and Your Client Understand the Court’s Ruling Regarding Drug Testing Before You Leave The Courtroom

It is critical that you as well as your client understand the court’s ruling regarding drug testing before leaving the courtroom. If you or your client fail to do so, then your client may not properly comply with the court’s ruling and may suffer adverse consequences.

Use a Reputable Drug Testing Company

You should not just pick a testing facility out of the phone book. All drug testing facilities are not the same. Make sure you use a drug testing facility that you can trust and that is accessible to you to answer any questions you have. It is also important that the drug testing facility takes the necessary action to confirm the identity of the donor and checks the validity of the sample.

Provide Your Client With Information to Give to the Testing Facility

Drug testing results are of no benefit if you do not receive the results from the testing facility. You should provide your client with your phone number, fax number, and name so it can be given to the collection site to send results. Many times, the donor does not know this information. They must call the attorney or office to get the information but will usually just leave it blank. The collection site may or may not search for the required information to get the results to the attorney.

Court Cases Discussing Hair Testing

Child Custody

1. Raney v. Raney, Warren App. No. CA98-07-084, unreported (February 1, 1999) (1999 WL 58162)(Ohio App. 12 Dist.) Drug testing may be ordered or agreed to when the best interest of a child is at stake. Under Chandler v. Miller, 520 U.S. 305 (1997), a court may order drug testing based on “individualized suspicion” of a person. Id. Based on testimony of wife that husband used drugs and husband’s admitting to prior drug usage, order for husband to submit to drug testing not an abuse of discretion. Id.
2. In the Matter of the Adoption of Baby Boy L, 157 Misc. 2d 353, 596 N.Y.S. 2d 997 (1993) Based on evidence presented to the court, the court found the process of radioimmunoassay testing of human hair, when used in conjunction with GCMS confirming procedures, had been accepted by the scientific community as a reliable and accurate method of ascertaining and measuring the use of cocaine by human subjects. Baby Boy L, 596 N.Y.S. 2d 997, 1000. Thus the results of radioimmunoassay testing of human hair may be offered into evidence. Id. The ultimate acceptance of such results or the weight to be accorded those results is to be resolved by the trier of fact who may consider any challenge to the particular method of hair sampling or to the soundness, propriety or accuracy of the particular lab’s work or to any substantial testing defect that may produce a suspect result. Id.
3. Burgel v. Burgel, 141 A.2d 215, 533 N.Y.S. 2d 735 (1988) A broad scope of reasonable discovery is permitted by the New York courts when the welfare and best interest of a child is at stake. Burgel, 141 A. 2d 215, 217. Trial court did not improvidently exercise its discretion in granting husband’s request for a physician to conduct the minimally invasive radioimmunoassay test because the material sought is relevant, and reasonable grounds exist for the request. Id. at 218-19.

Employment/Unemployment

4. Matter of Brown v. City of New York, 250 A.D.2d 546, 673 N.Y.S.2d 643 Speculative assertions by Appellant that minimum standards of hygiene were not maintained in the collection of a hair sample and a negative second hair test whose results were not certified are of minimal probative value to prove the city acted in bad faith by firing appellant for a positive hair sample drug test. Brown, 250 A.D.2d 546. Additionally, the use of hair sample drug tests on probationary employees but not tenured employees does not violate the due process rights or equal protection of the probationary employees. Id. at 546-47.
5. Bass v. Florida Department of Law Enforcement, 627 So.2d 1321 (Fl.1993) Per curiam opinion simply holds the evidence submitted by Bass should have been admitted in the initial administrative proceeding. Bass, 627 So.2d 1321. In a concurring opinion which gives more facts than the per curiam, the court determined the radioimmunoassay hair testing is generally accepted in the scientific community and, therefore, meets the test for admissibility of novel scientific evidence as held in Frye v. United States, 293 F. 1013 (D.C.Cir.1923). Id. at 1322 (concurring).
6. Brinson v. Safir, 680 N.Y.S. 2d 500, 255 A.D. 2d 247 (1998). The use of hair analysis drug testing was previously held as reliable by the court, and the record in this case supported the determination that there was reasonable suspicion to order petitioner to undergo drug testing. Brinson, 255 A.D. 2d 247. Additionally, the record in this case supports the court’s finding that neither a mistake in transcribing the subject identification number nor the improper placement of test tubes in the centrifuge (which resulted in retesting) in any way affected the accuracy of the test results. Id.
7. Nevada Employment Security Department v. Holmes, 914 P.2d 611 (Nev. 1996) Court held that radioimmunoassay testing, especially when coupled with a confirmatory GC/MS test, is an accepted and reliable scientific methodology for detecting illicit drug use. Holmes, 914 P.2d 611, 615.

Probation/Parole

8. United States v. Medina, 749 F. Supp. 59 (E.D.N.Y. 1990) Extensive research and writings on the radioimmunoassay hair analysis establish its reliability and its acceptance in the field of forensic toxicology when used to determine drug use in probation violation proceedings. Medina, 749 F. Supp. 59, 61. In addition to determining a general theoretical soundness before admitting relatively novel scientific evidence, the court should determine that (1) the sample was properly obtained, (2) the particular laboratory technique used was sound, and (3) the laboratory was careful and accurate in its use of that technique. Id. at 61-62.

Other Cases

9. U.S. v. Bush, 47 M.J. 305 (U.S. Armed Forces, 1997) No abuse by the lower court by allowing Bush’s positive hair testing in as evidence. First such case in a military court to use hair testing to uphold a conviction rather than a urinalysis.
10. In re Brown, 952 P.2d 715 (Cal. 1998) The drug hair test was not specifically challenged by the defendant, but the court stated in a footnote that its admissibility would have been upheld if challenged. Brown, 952 P.2d at FN12.
11. Jones v. City of Boston, 829 N.E.2d 264 (Mass. App. 2005) Other jurisdictions have admitted hair tests in cases involving employee’s termination for drug use. Jones, 829 N.E.2d at FN8. This court specifically cited to Nevada Employment Security Department v. Holmes, 914 P.2d 611 (Nev. 1996). Id.
12. Tauck v. Tauck, 2007 WL 1053922 (Conn. Superior 2007) Collection, testing, and measuring in hair testing for drug abuse is scientific.
13. In re A.L.E., 279 S.W.3d 424 (Tex.App.-Houston [14th Dist.] 2009, n.p.h.) This case did not specifically rule on the admissibility of the hair test. It was a review of an order requiring a mother to undergo three types of drug tests periodically to retain visitation with her children, one of the tests being a hair test. A.L.E., 279 S.W.3d at 432.

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Beth E. Maultsby
Goranson Bain, PLLC
8350 N. Central Expwy., Suite 1700
Dallas, Texas 75206
(214) 373-7676

Jim Turnage
Forensic DNA & Drug Testing, Inc.
701 Commerce Street
Dallas, Texas 75202
(214) 573-7600

Vickers L. Cunningham
Recovery Healthcare Corporation
2520 Electronic Lane, Suite 810
Dallas, Texas 75220
(214) 350-1711

The University of Texas School of Law
9^th Annual Family Law On The Front Lines
June 18-19, 2009
San Antonio

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