Legal Applications for Drug and Alcohol Testing Kelly R. Broome ARCpoint Labs

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 – 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 – 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 Cell: Office: