DUI or DWI Drug and Alcohol Test - info-hero

Court Ordered DUI or DWI

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Arrests and/or convictions for DUI or DWI often result in court-ordered drug or alcohol tests, even for pre-trial services. Although jurisdictions vary, many courts require a DUI or DWI Drug and Alcohol Test to ensure that the driver abstains from substance abuse while awaiting trial following a DUI charge, or after a DUI conviction. You can register for urine or hair follicle testing, or sign up for a random testing program, by calling (888) 407-7650.

Court-Ordered Testing for DUI and DWI

In some states, DUI and DWI may mean the same thing. In others, DUI (driving under the influence) may specifically mean driving while intoxicated with alcohol, while DWI (driving while intoxicated or driving while impaired) indicates that the driver was impaired due to alcohol, drugs, or both. Although a urine test is the most common screening method for the courts and law enforcement, other types can be ordered depending on the circumstances and how far a look-back you need.

Do Courts Order Drug Tests for All DUI Cases?

Since states differ on how they define DUI, they may or may not order a drug test in addition to an alcohol test for someone who has been arrested for driving under the influence.

What Tests Do They Conduct When Charged with DUI or DWI?

Breathalyzer and blood tests are commonly used as field sobriety tests to check the driver’s BAC (blood alcohol content) prior to arrest. Once a driver is arrested and charged with driving while intoxicated, a urine, hair follicle or PEth test may be ordered, in addition to a panel urine drug screen, depending on the circumstances.

Screening options for courts and legal counsel are as follows:

Panel Urine Drug Test – The basic 5-panel checks for the presence of the most abused drugs—marijuana, cocaine, basic opiates (morphine, codeine, and heroin), PCP and amphetamines. The detection window is 3-7 days for a urine test, except for marijuana, which can be detected in urine for up to 30 days. Although most courts use the basic panel, there are many other options, including panels that can detect oxycodone, ecstasy, and other frequently abused drugs, both prescription drugs and street drugs.
Hair Follicle Drug Test – The basic hair screen looks for the same common drugs, but the detection window is 90 days. This can be used when it must be shown that someone in a DUI or DWI program has not been using drugs over an extended length of time.
EtG Alcohol Test – These DUI urine screens have a detection window of 70 to 80 hours. An EtG screen looks for the presence of ethyl glucuronide, a metabolite of ethanol, formed in the body after consuming alcoholic beverages. The EtG screen is often used for DUI/DWI hearings.
PEth Alcohol Test – The PEth screen measures the amount of phosphatidylethanol in the blood, which indicates alcoholic beverage consumption. It has a look-back of three weeks.
Non-DOT Breath Alcohol Test – The breathalyzer instantly detects if someone is currently under the influence of alcohol. This on-the-spot intoxication check is typically used by the arresting officer in the field as evidence to support a DUI charge. If the arrest is due to an accident, this type of screening can determine if the crash was alcohol or drug related.
DOT Breath Alcohol Test – Commercial drivers are subject to Department of Transportation (DOT) regulations. Our DOT alcohol tests are performed with Evidential Breath Testers (EBTs) that have been federally approved. One important requirement is that the device must never yield a false positive, which means that tests conducted with these devices can be used as court evidence.

Health Street can help you determine the best type of screening for your situation.

When Are Sobriety Tests Needed?

After a DWI or DUI conviction, a sobriety test may be mandatory before the trial, to ensure that they are not using alcohol or drugs. A screening (or random testing) may be mandated by the court as part of a DUI or DWI rehabilitation program. Law enforcement officers or the prosecutor may require screenings to prove their case, or a criminal defense lawyer may use negative results to show that their client has complied with rehabilitation program requirements.

Can a Driver Refuse a Breathalyzer or Urine Test?

Even before DUI charges have been filed, the driver may refuse field sobriety tests requested by the arresting officer. Although there are no penalties for refusing tests of this type, if the officer can demonstrate probable cause to believe the driver is intoxicated, implied consent laws require the person to submit to a chemical test (breath, urine or blood) to measure BAC. Test refusal can lead to the driver having their license suspended and other penalties. Depending upon the state and the number of offenses, it may be fines, suspension, or revocation, and possibly even jail time.

How Can Health Street Help?

Testing requirements will vary from court to court, as well as from case to case. Considerations may include whether this was the driver’s first conviction, if they have a history of substance abuse, if there was an injury caused to another party by an accident, etc.

If you are required by the court to get drug and/or alcohol testing, make sure that you understand exactly what is being asked of you. Health Street has expertise with court-ordered alcohol and drug testing. We can help you to comply with virtually any requirement or regulation. Test results are fast and accurate, with professional analysis. Health Street can deliver these results by email, fax, or secure client login, to attorneys, spouses, or directly to the court system. We offer maximum flexibility, privacy, and security.

Random Testing and Daily Colors

A driver who was convicted of operating a motor vehicle under the influence of drugs or alcohol may be required to call into a court’s phone system every day to hear if their “color” was called. If it has been, they must get an alcohol or drug test in a specific timeframe set by the court (for example, by 11 a.m.). Health Street is the ideal agency for DUI/DWI alcohol and drug tests, since we have a nationwide network of 5000+ clinics, immediate availability, and are flexible when handling court orders.

Health Street can set up and manage custom random notifications, acting as the responsible party that selects the dates when the person is notified that they must be tested. This is scheduled according to the protocol established by the court. For example, if the court mandates that the driver be notified every week or month for random testing, we will contact the individual to be tested on a random day during each time period that a test is required. We can set up customized random tests however the court requires it.

Reporting of Test Results

In many cases, the court wants results to be sent directly from the testing agency. Health Street can fax your test results to the court, or we can email them to your attorney, or to anywhere you prefer.

Order your DUI/DWI tests today or call us if you have any questions about our services.