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 are required to refrain from drinking while on probation in Michigan. 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 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. If your probation officer informs you that you have failed an EtG test, you should contact a Michigan criminal defense attorney immediately. Failing an EtG test alone doesn’t mean the court will find that you are in violation of your probation, but failing to defend the failed test will likely ensure a finding that you are in violation. 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. Michigan EtG Test ProblemsDespite that 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 is to contact an experienced Michigan 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. Via https://www.michigandefenselaw.com/blog/etg-test/
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When you are charged with operating while intoxicated (OWI) in Michigan, there is a good chance you will be put on probation as part of your OWI sentencing. Typically, one requirement of OWI probation is that you abstain from consuming alcoholic beverages. Michigan employs a number of techniques to determine if you have been drinking in violation of your probation. One method is random breath tests. Unfortunately, breath tests are not always reliable and you may face a probation revocation hearing on the basis of faulty results from a breath test. If you find yourself in this situation, it is imperative you consult with an experienced Michigan criminal defense attorney as soon as possible to get legal help. About Breath Tests and Michigan DUI ProbationWhen you are put on OWI probation in Michigan, the court may impose a number of conditions at its discretion. Typically, you will be required to meet with a probation officer regularly during the course of your probation. You may also be subject to random testing to determine whether you have consumed alcohol. This testing may take the form of an EtG test, which is supposed to determine whether you consumed alcohol at any time in the course of the past 80 hours. It may also take the form of a standard breath test. The purpose of a breath test is to determine the concentration of alcohol in the blood. As you consume alcohol, it is not digested or chemically changed immediately. Instead, it moves through your blood as alcohol. As that alcohol moves through your blood, some of it passes along the membranes of the air sacks of the lungs. This means that when you breathe, you exhale the alcohol. When you breathe out into the breath testing device, this test can detect the concentration of alcohol you are exhaling. This gives an indication of the measure of alcohol in your body and, because it has been determined that the ratio of breath alcohol to blood alcohol is 2,100:1, the information on the alcohol in your breath is used to determine your blood alcohol content. When your blood alcohol content shows you have consumed alcohol, this information can be used to revoke your probation. Michigan DUI / DWI Probation Violation HearingsWhen a breath test reveals you have consumed alcohol, you are entitled to a probation revocation hearing before this occurs. However, your rights in a probation violation hearing are limited. In addition, the probation violation does not need to be proved beyond a reasonable doubt in order for your probation to be revoked. It is enough to show that a violation likely occurred. In many cases, this means the failed breath test alone is enough to have your probation revoked. Problems With Breath TestsUnfortunately, despite the fact that a breath test can be used to send you to jail for a Michigan OWI probation violation, there are some serious questions about whether these breath tests are as reliable as law enforcement may want you to believe.
Numerous other studies have also revealed problems with breathalyzer results caused by various factors. Because a Breathalyzer can so often lead to inaccurate or incorrect results, it is imperative you consult with an experienced Michigan OWI defense attorney to better understand your legal rights regarding breath tests and Michigan DWI probation. Facing a DWI Probation Hearing Because of a Breath Test? Get Legal Help NowBecause you have fewer legal protections in a probation violation hearing, it is especially important to contact an experienced Michigan DWI defense attorney for help before a probation revocation hearing. Your OWI defense attorney can assist you in getting evidence and crafting arguments to help you to avoid the unfair revocation of your probation after a failed breath test. Via https://www.michigandefenselaw.com/blog/breath-tests-and-dui-probation-in-michigan/ |
About UsIf you or a loved one is facing criminal charges, it can be a traumatic and confusing time. That's why it's crucial to have a skilled and compassionate attorney by your side who will work tirelessly to protect your rights and defend your case. With Paul J. Tafelskj on your side, you can have peace of mind knowing that you have a tenacious advocate who will fight for you every step of the way. FIND US ONLINE Bitly Box Diigo Dropbox Evernote Postach.io Histre Inoreader Instapaper Nimbus OneDrive Onenote Raindrop.io Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Map Related Links About.me Behance.net Dribbble.com taplink.at Gravatar.com Carrd.co Minds.com Justpaste.it issuu.com Linktr.ee Solo.to Pearltrees Follow.it 500px Feedspot Shutterfly Skillshare Feedly Alltop Feeder Bloglovin Netvibes Mystrikingly Archives
January 2023
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