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Posted on January 21, 2025

ETG Test

Why Are EtG Tests Performed?

An EtG test, short for ethyl glucuronide test, is commonly performed on DWI probationers to determine if they have consumed alcohol. Many probationers in Michigan are required to refrain from drinking while on probation. An EtG test can be administered as part of a scheduled test or without telling you in advance that you will be tested.

If an EtG test indicates alcohol consumption, a probation violation may be filed against you. Such violations should be taken seriously, as they can result in additional penalties, including jail time or the revocation of probation. If your probation officer informs you of a failed EtG test, it is crucial to contact an Oakland County criminal defense lawyer from Michigan Defense Law immediately. A failed EtG test does not automatically mean the court will find you in violation of your probation. However, failing to address the matter increases the likelihood of such a determination. Call us today at (248) 451-2200 to schedule a consultation.

How Does An EtG Test Work?

There are two basic types of tests that can be administered to check for alcohol consumption. Both types use biomarkers, or physiological indicators, to check for signs that the body has been exposed to alcohol. Indirect biomarkers, such as red blood cells, are used when looking for signs of heavy or ongoing alcohol consumption. Direct biomarkers, such as blood and breath, are used to check for recent consumption. The EtG test uses your urine, a direct biomarker, to check for alcohol consumption within the last 80 hours. While this all sounds very scientific, the reliability of the EtG test itself has been called into question by some very reputable sources such as the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA).

The EtG test was marketed as highly reliable and extremely sensitive when it hit the market just after the turn of the century. Law enforcement, courts and probation departments across the country started using the test to check for alcohol use. Employers also began implementing the test as a screening device or for random safety checks. Not long after its debut, however, the test came under fire as being considerably less reliable than advertised.

How Accurate Are EtG Tests? What You Should Know

The EtG test is a widely used method for detecting alcohol consumption by measuring ethyl glucuronide in urine. This test is often preferred because it can detect alcohol for up to 80 hours after consumption, a longer detection window than many other tests. However, its accuracy is not absolute and varies depending on circumstances.

One of the main challenges with EtG testing is the potential for false positives. Many everyday products, such as hand sanitizers, mouthwashes, and certain medications, contain small amounts of alcohol. Using these products before testing can sometimes lead to a positive result, even if no alcoholic beverages were consumed. This susceptibility to environmental alcohol exposure raises questions about the reliability of the test in some cases.

Studies show that the EtG test is approximately 70% accurate, with accuracy increasing to about 85% for individuals who consume alcohol moderately or heavily. This variability highlights the importance of interpreting test results carefully, particularly in situations where false positives could have significant consequences.

While the EtG test is a useful tool for detecting alcohol use, its limitations mean it should be part of a broader assessment rather than the sole indicator of alcohol consumption. Discussing potential factors that might influence test results with a legal or medical professional is essential if an EtG test is required.

Michigan EtG Test Problems

Despite the fact that the EtG test is treated as an acceptable and reliable method of checking for alcohol consumption, it is far from reliable. Given the fact that people stand to lose their freedom as the result of the test, its accuracy should be beyond question. On the contrary though, SAMHSA itself issued a 2006 advisory warning that the test is “scientifically unsupportable” and “should not be used as the sole basis for legal or disciplinary action.”

The bad news is that Michigan probation officials still use the test to check for alcohol consumption. The good news is that the issues surrounding the accuracy of the test can potentially provide you with a defense if you failed the test. SAMHSA is not the only organization questioning the reliability of the EtG test either. A 2009 scientific study done in Sweden and published in Forensic Science International also concluded that the EtG test is not a reliable method of concluding that someone has consumed alcohol.

The main problem with the EtG test is that the test is actually too sensitive. While it does detect alcohol in urine, it cannot determine the source of the alcohol. In other words, using hand sanitizer (which can be over 50 percent alcohol) may be just as likely to cause a positive test result as drinking a beer. The bottom line is that this unreliable test should not be used as the sole basis for determining that you have violated your DUI probation.

What Can You Do If You Failed the EtG Test?

The first and most important thing you can do if you are informed that you failed an EtG test in Michigan is to contact an experienced Oakland County criminal defense attorney. Just as when you are accused of a crime, you have the right to defend yourself when you are accused of violating a condition of your probation. You have the right to challenge the reliability of the test used as evidence against you.

You have the right to due process when accused of a probation violation. This means that you are entitled to a hearing before the court. Unlike a criminal trial, the prosecutor does not have to prove the violation beyond a reasonable doubt, though. Instead, the prosecutor must show that you likely violated your probation. Challenging the validity of the EtG test results can cast doubt on the likelihood of the violation.

At Michigan Defense Law, our experienced Oakland County criminal defense lawyers are dedicated to helping individuals protect their rights and freedoms. We can provide guidance and representation to challenge the evidence against you, including unreliable EtG test results. Reach out today at (248) 451-2200 to discuss your options and work toward the best possible outcome for your case.

Problems Details
Unreliable Accuracy The EtG test has been deemed “scientifically unsupportable” by SAMHSA and should not be the sole basis for legal action.
Over-Sensitivity The EtG test cannot distinguish between alcohol consumption and exposure to products like hand sanitizer, leading to false positives.
Potential Defense The questionable reliability of the EtG test can be used as a defense if you fail it, given the doubts raised by various studies.

Posted in: DWI
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