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Legal Applications for Drug and Alcohol Testing Kelly R. Broome ARCpoint Labs [email protected] 210-315-3773 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 – – Limited Drug Panels Available – 2-7 Days of previous use 15 minute initial exposure window 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 – – Widest Range of Drug Panels Available – 5-7 days to 6 weeks – Drug specific variation 2-4 hour initial exposure window 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 – – – – Expanded Drug Panels Available – 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 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 – – – Expanding Drug Panels Available – Previous 180 days – finger; longer period for toe Finger or Toe nail – cannot be mixed 10-14 day initial exposure window 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 – Urine EtG test – 80 hour window of detection – Metabolized alcohol Hair test – 21 days for Binge Drinking: 4-6 drinks 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 – – – – Creatinine levels – Breath collection device Split sample for confirmation Variable tests based upon situation Totally portable, gender neutral, non-invasive 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 [email protected] Cell: 210-315-3773 Office: 512-992-0872