What Is a Court-Admissible Drug Test?
Court Admissible drug tests require procedures to make the results court admissible. Legal requirements differ from non-legal testing. Donors who choose instant tests cannot use the results in a court of law.
Controls for court admissible Drug tests:
- Chain of Custody Control – Samples must be tracked under a strict chain of control. The documentation has several steps, and all steps must be fully entered and signed by the tester and donor. These are industry standards. Chain of Custody that has missing information will be disqualified for any form of legal proceedings. It is important for this reason that the collection of the samples be conducted by a qualified, trained laboratory.
- Laboratory credentialing – Laboratories that are qualified must be SAMSHA / CLIA credentialed. The samples must be clinically processed. Instant and home-based tests do not qualify for Legal processes
- Screening – This is an immunoassay test
- Confirmation – This is a Gas Chromatography-Mass Spectrometry. This process is the most critical step in making the sample qualify for a legal test.
- Medical Review Process – The medical Review Officer (MRO) will vet the sample to eliminate any possible use of a drug for a person’s health condition. There are medications that are used to manage a person’s medical condition.
- Management of documentation – all paperwork generated through each test must be stored for the required period. Legal proceedings take a long time, and these records could be requested at any time.
Key Requirements for a Court-Admissible Drug Test
Court Admissible Drug tests must have the following procedures.
- The donor must provide a government issued identification
- The laboratory must verify that the ID matched the donor
- Sample substitution must be closely monitored by the laboratory conducting the collection.
- Environmental controls where the donor is providing the sample must be secured to avoid tapering of the sample.
With these controls, the integrity of the samples is guarded.
Documented Chain of Custody
The Chain of Custody controls are important in sample collection especially since it applies to legal processes. The process is monitored through the collection, handling and transport, Storage and analysis and Documentation and retention to determine that the sample has not lost its integrity.
Certified Laboratory Analysis
SAMSHA defines a certified laboratory as a clinical facility that is qualified to conduct drug testing for legal and non-legal purposes. These laboratories are additionally qualified by CLIA to conduct these tests and are federally recognized as qualified laboratories to conduct these tests.
These laboratories conduct these tests under strict quality controls and samples are confirmed via the Chain of Control that they have not been tampered with.
Secure Sample Collection Procedures
Collectors must be trained in the collection of samples. They go through a hands-on training process to be accredited in Drug collection methodologies. The training awards a certificate to those who complete the training process successfully.
Comprehensive Reporting
All tests’ results, processes and outcomes must be packaged for confidentiality. It also needs to be retained as records in the event courts require them or subpoena them for a legal process.
These documents can assist the laboratory with the process of expert review. Documentation is critical to demonstrate objectivity in legal cases as it provides appropriate evidence at every step of the process.
Types of Drug Tests Commonly Used in Legal Cases
Urine Drug Testing
Urine Drug testing for legal purposes is one of the most common methods used. However, there are also other methods that can be requested like hair, nail, saliva and blood. Urine has a duration of retention (1 to 30 days). Some drugs will have a shorter detection time, and others will have a longer detection time. It will also vary on the volume and frequency of consumption of the drug.
Depending on the drug used, the detection windows using urine can vary. The table below shows the detection windows for each drug in urine.
| Drug type | Detection window |
| Alcohol | 10 – 12 hours (ETG – up to 72 hours) |
| Amphetamines | 1 – 3 days |
| Methamphetamine | 1 – 3 days |
| Barbiturates | Up to 6 weeks |
| Benzodiazepines | 1 – 3 days |
| Cannabis | 1 – 30 days |
| Cocaine | Up to 4 days |
| Codeine | 2 – 4 days |
| Morphine | 1 – 2 days |
| Heroine | 2 – 4 days |
| PCP | 5 – 6 days |
Hair Drug Testing
| Drug type | Detection window |
| Alcohol | Up to 90 days |
| Amphetamines | Up to 90 days |
| Methamphetamine | Up to 90 days |
| Barbiturates | Up to 90 days |
| Benzodiazepines | Up to 90 days |
| Cannabis | Up to 90 days |
| Cocaine | Up to 90 days |
| Codeine | Up to 90 days |
| Morphine | Up to 90 days |
| Heroine | Up to 90 days |
| PCP | Up to 90 days |
Oral Fluid Drug Testing
| Drug type | Detection window |
| Alcohol | Maximum retention up to 24 hours |
| Amphetamines | 1 – 72 hours |
| Methamphetamine | 1 – 72 hours |
| Barbiturates | 24 – 24 hours |
| Benzodiazepines | 16 – 48 hours |
| Cannabis | Up to 24 hours |
| Cocaine | 1 – 48 hours |
| Codeine | 1 – 48 hours |
| Morphine | 1 – 48 hours |
| Heroine | 1 – 48 hours |
| PCP | N/A |
Blood Testing
| Drug type | Detection window |
| Alcohol | Maximum retention up to 24 hours |
| Amphetamines | 1 – 48 hours |
| Methamphetamine | 1 – 48 hours |
| Barbiturates | N/A |
| Benzodiazepines | N/A |
| Cannabis | Up to 24 hours |
| Cocaine | 1 – 36 hours |
| Codeine | 1 – 36 hours |
| Morphine | 1 – 36 hours |
| Heroine | 1 – 36 hours |
| PCP | N/A |
Common Situations That Require Court-Admissible Drug Testing
- Criminal cases (DUI, drug charges)
- Courts commonly use urine or blood to test for DUI cases. The accuracy of these tests is critical for proper outcome of the test results.
- Family Court and Child custody dispute
- Courts require clarity that a parent is using drugs before a child’s living arrangements are modified. One parent may accuse the other of drug use, but the courts will require evidence. Depending on the outcome of a drug test, the courts in custody cases will make their final decision about the child.
- Probation or parole compliance and legal Monitoring
- Probation drug testing is conducted when an individual is on parole, and they are required by the court system to submit to scheduled drug testing. The test is ordered by the parole officer. The individual is required to report to the selected laboratory to get tested without delay.
- Workplace incidents leading to litigation
- Drug or alcohol use at work causing impairment increases the risk of injury, behavior issues at work. To avoid these situations employers often conduct random tests to maintain staff safety, reduce the risk of litigation and behavior issues.
- Professional Licensing
- Many careers like nursing, doctors are all required to submit to a drug test to be able to conduct their daily duties.
For these tests to be court admissible they must follow proper procedures to guard the integrity of the sample and the accuracy of the results.
Reasons Drug Test Results May Be Rejected in Court
Courts will dismiss a drug these for the following reasons:
Missing chain of Custody Information
Courts have the liberty to decline a drug test if there is missing information. The courts require the chain of custody to be appropriately filled with all required sections filled to completion.
Improper Sample Handling
Sample handling is also critical to make sure that the integrity of the sample is kept intact. Sample contamination is common if they are not handled appropriately.
Identity Verification
A donor’s identity must be verified against a state issued Identification document. Lack of this verification can compromise the test.
Non-certified Testing Facilities
A non-certified facility is one that does not have any credentialed staff conducting legal tests. Courts required licensing for a test to be classified as a legal test. SmarTest Labs is a certified Laboratory and conducts any court required drug tests.
Documentation issues
Documentation at all levels of the drug testing procedure is important for the results to be court admissible. Missing documents will fail the audit test for it to be court admissible.
How the Court-Admissible Drug Testing Process Works at SmarTest Labs
All donor that conducts legal and non-legal tests at SmarTest Labs must demonstrate their identity via a government issues identification.
SmarTest Labs conducts all tests under strict controls and all our laboratory testers and the scientific process to evaluate the results are analyzed by qualified scientists.
Our reporting and retention process is conducted via a secure portal, and all documents are stored in a secure cloud.
Why Choose SmarTest Labs for Legal Drug Testing
SmarTest Labs conducts all their testing for court admissible requirements by following all required Federal rules.
Our fast turnaround times and confidential testing by experienced and credentialed provides the court system with confidence in their results.
Contact SmarTest Labs at 301-686-8566 or contact@smartestlabs.com
We are Located at 501-N.frederick Avenue, Suite 106, Gaithersburg, MD 20877
FAQs
Is an at-home drug test court-admissible?
No, an at-home drug test is not court admissible.
What is chain of custody in drug testing?
A chain of custody is the process of testing and documentation that follows all Federally required rules of the testing process.
How long does a court-admissible drug test take?
A court admissible drug test takes about thirty minutes unless the person cannot produce a sample which would require the person to remain on site until they can. The donor normally has three hours to produce a sample.
Which drug test is most accepted in court?
Urine tests are commonly used in court admissible drug tests. However, saliva, hair, nails and blood can also be requested depending on the case and the duration the courts need from time of drug ingestion.
Can a court reject drug test results?
Courts can reject a drug test if any step in the process has been compromised.
Who pays for court-ordered drug testing?
The donor normally pays for their drug test.
Are legal drug tests more accurate?
Not necessarily. It is good practice to follow the same process for both legal and non-legal drug tests to prove the donor best results.
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