Legal Applications for Drug and Alcohol Testing

Kelly R. Broome

ARCpoint Labs

kbroome@arcpointlabs.com210-315-3773

Agenda

Introduction Saliva Urine Hair Nail Alcohol Testing Cut-off Levels Confirmation Testing for Samples in Evidence Emerging Capabilities Conclusions Questions

Saliva Testing

Shortest Duration of Drug Detection– 2-7 Days of previous use– 15 minute initial exposure window

Limited Drug Panels Available– 5-12 Panel Drug Test

Instant with/without lab confirmation or lab based Legal specific version

– Includes Chain of Custody documentation– Instant result with Lab confirmation

Urine Testing

Medium Duration Detection Window– 5-7 days to 6 weeks – Drug specific variation– 2-4 hour initial exposure window

Widest Range of Drug Panels Available– 100s of Drug Tests available – Specialty tests

Instant with lab confirmation or lab based Can be adulterated or diluted

– Methods to identify cheating efforts– Observed testing to defeat cheating

Hair Testing

Longer Duration for Detection– Designed for 90 Days of previous use – Head hair– Longer detection for body hair – underarm, arm, leg, chest– Head Hair can be segmented – 30/60/90 day periods– 10-14 day initial exposure window

Expanded Drug Panels Available– Common panels and specialty tests

Lab based for admissible/certified results Adulteration of samples is very difficult

– Chemical treatment can affect testing

Hair Details

Court admissible Non-Gender specific Requires habitual

use; Single use less likely detectable

Detects consumption and exposure of drug based upon metabolites

Nail Testing

Longer Duration for Detection– Previous 180 days – finger; longer period for toe– Finger or Toe nail – cannot be mixed– 10-14 day initial exposure window

Expanding Drug Panels Available– Common panels and specialty tests

Lab based for admissible/certified results Adulteration of samples is exceptionally difficult

Nail Testing

Collection designed to detect habitual or consistent use, single use is less likely to be detect due to small amounts

Alcohol Testing

Breath Test – In body right now/Under the influence PeTH – Blood spot test

– 21 days for Binge Drinking: 4-6 drinks

Urine EtG test– 80 hour window of detection – Metabolized alcohol

Hair test– Segmented available, head or body hair

Nail test– Finger nail only, toe nail is in process for validation

Cut-Off Levels

Testing answers question of “Yes or No” Cut-off levels designed to prevent positives for unintentional exposure

(I was in the room when …..) Cannot be used as the final answer for amount consumed, that

depends upon:– Body height/weight, physical activity and metabolism– Frequency of consumption and purity of the drug– Method of consumption and nutrition/water intake

Drug levels are demonstrative of drug consumption Levels can indicate consistent use and compared over time can show

increased or decreased use as long as the variables are kept constant (best in hair/nail for long term)

Confirmation for Samples in Evidence

Defense attorneys can request a confirmation of blood samples for defendants for metabolite levels

Can be used on either alcohol or drug cases Work done by certified forensic labs and court

admissible – Comparison of levels to challenge evidence validity– Confirmation that the drug in question is present

Samples used for confirmation are the evidence taken during in processing

Additional Info

Segmented hair testing for more panels of drugs Emerging Technology – SensAbues

– Breath collection device – Split sample for confirmation– Variable tests based upon situation– Totally portable, gender neutral, non-invasive

Creatinine levels – Indicate dilution and have specific ranges

Observed Collections (Urine only)– Saliva testing is a better solution in most cases– Prevent adulteration or substitution

Conclusions

Remember:– Testing is a series of yes or no questions– Need to compare “apples to apples” hair urine, etc.– Time frame and dead space (time needed for body to

process)– Overlap and change collection methods– Prevent adulteration – insert verbiage to prevent masking

use and short notice for random testing– Accountability and to show compliance; “I know I’ve done

wrong but I’ve right for X days now”

Questions and POC info

Questions

POC:

Kelly R. Broome

kbroome@arcpointlabs.com

Cell: 210-315-3773

Office: 512-992-0872