Courts may require individuals to take drug and alcohol tests to prove their sobriety. Drug and alcohol misuse/abuse is often related to criminal activity in America and can sometimes be the motivation behind the criminal activity. Judges can order drug and alcohol testing for a variety of reasons.
Legal battles involving child custody sometimes include drug/alcohol abuse among one or both parents. To protect the child involved, child protective agencies may require ongoing drug/alcohol testing in order for the child to be placed with a parent. Drug testing could also be agreed upon by two parties or ordered by the court. It may even be the case that a parent must be tested prior to custody or immediately after a visitation.
Occasionally individuals must earn the trust of the court by maintain sobriety. If the individual tests positive for drugs/alcohol, he or she may be sent back to jail.
Attorneys may negotiate for drug/alcohol testing in divorce cases if one spouse alleges that the other engages in substance misuse/abuse. The judge will decide if testing is appropriate given the circumstances. If testing is used in a divorce case, the judge will often require both of the requesting party and accused party to submit to testing.
Individuals arrested or convicted of a DUI or DWI must often submit to court-ordered drug and alcohol testing. Sometimes the court will require an Ethyl Glucuronide (EtG) test or a hair specimen test, which have longer windows of detection.
The schedule and frequency of testing typically depends on the court/program and the offender's prior history. Courts can order testing at regular, consistent intervals or at random.
Courts can customize the types of drugs they wish to test for in a case. Many courts use a set number of drugs, often called a panel, which are specified well in advance of the test.
Most drug testing procedures rely on a standard urine sample, which can reveal recent drug use. Other methods include hair testing and oral saliva swabs.
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