Michigan Criminal Defense Attorney Paul J. Tafelski Explains Why Etg Tests Are Performed
October 06, 2022 at 15:15
Michigan criminal defense attorney Paul J. Tafelski (https://www.michigandefenselaw.com/blog/etg-test/) releases a new article explaining why EtG Tests are performed. The lawyer mentions that an EtG test is commonly performed on DWI probationers to determine whether they consumed alcohol. Often, probationers are required to refrain from consuming alcohol while they are on probation.
“If an EtG comes up positive for alcohol, a probation violation may be filed against you. A probation violation should always be taken seriously as it can result in additional penalties, including jail time or complete revocation of your probation,” the Michigan criminal defense attorney says.
The lawyer adds that there are two basic types of tests that are used to check for alcohol consumption. Both types use biomarkers or physiological indicators to check if the body has been exposed to alcohol. EtG test uses urine to see if the person has consumed alcohol in the past 80 hours. However, the reliability of an EtG test has been questioned by some very reputable sources such as the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA).
In the article, attorney Paul Tafelski mentions that the EtG tests are actually unreliable. In fact, SAMHSA issued an advisory in 2006 that indicates that the EtG test “should not be used as the sole basis for legal or disciplinary action.” The warning explains that the test is too sensitive and is unable to distinguish between alcohol absorbed into the body from the use of common household products and alcohol consumed for recreational use.
Furthermore, the probation violation attorney also discusses that a lot of everyday items at home can also result in a false positive on an EtG test. Even using a hand sanitizer with approximately 64% ethanol may be able to yield a positive test result in the EtG test. Other studies have supported the notion that an EtG test is not the most reliable measure of whether someone has consumed alcohol.
Lastly, attorney Paul Tafelski emphasizes that if someone is facing accusations of violating their probation, it is important to seek the help of an experienced defense lawyer. Having a skilled defense lawyer may be able to help the accused protect their rights and their freedom. A defense lawyer may also be able to help the defendant understand the implications of violating their probation.
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Paul J. Tafelski
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