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DRUG AND ALCOHOL USE: WHAT YOU SHOULD KNOW BEFORE FILING A SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP IN TEXAS

By John Adams on April 6, 2012
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PART I

URINALYSIS DRUG TESTING  

          Urinalysis drug and/or alcohol testing is a form of testing that is frequently ordered by courts in Texas in cases involving children. Urinalysis drug and/or alcohol testing can detect a broad range of drugs. Urinalysis drug and/or alcohol testing can detect use from 3 days up to a week depending on the frequency and/or quantity of use. Also, the type of substance consumed can also impact the detection window. For example, if a person consumes marijuana on a daily or regular basis, a urinalysis drug and/or alcohol test could detect use up to 40 to 45 days. A person’s body type can also impact how long a substance remains detectible in a urine sample. For example, there are certain drugs, like marijuana that remain detectible for longer periods in individuals that weigh more because the THC in marijuana sticks to a person’s body fat.   A substance like cocaine is usually only detectible in a urine sample for a much shorter time period, generally 3 to 7 days.

There are many myths regarding how to “beat” a urinalysis test. There are many products on the market that purport to guarantee that you will “pass” a urinalysis drug and/or alcohol test. There are also some home remedies that also claim to help you “pass” a drug and/or alcohol test. It is important to be aware of that when you take measures to tamper with and/or alter the results of a urinalysis drug and/or alcohol test the test results themselves can illustrate that the test may not be accurate because of an attempt to alter the true results. The most common methods that many people attempt when it comes to urinalysis drug and/or alcohol testing is to consume excessive amounts of water, to mix household ingredients such as bleach with the water that is being consumed, or by consuming products that are sold by companies that claim to be able to assist you with “passing” your test. Some people even attempt to use someone else’s urine when submitting a sample for a test. 

Below are some points to be aware of prior to attempting to alter your urine sample:

  • Many drug and/or alcohol testing facilities used by courts in Texas have personnel that supervise the urinalysis testing. Therefore, attempting to use another person’s urine sample will likely not be successful and you will more than likely be “caught in the act.” 
  • Consuming excessive amounts of water and/or other products will more than likely cause your creatinine level to be extremely low.  Creatinine is metabolic waste found in urine.  When you consume excessive amounts of liquid your creatinine levels decrease drastically.  The normal range of a person’s creatintine level differs for men and women.  However, the general rule of thumb is that if the creatinine level is below 20 mg, then the sample is considered to be diluted.
  • Most courts in Texas consider a diluted sample as the equivalent of a “positive” result. 

The best way to test negative and “pass” a urinalysis drug and/or alcohol test is to stop using all substances that could be tested at least 45 to 60 days prior to filing for divorce and/or a suit affecting the parent-child relationship in Texas.

Over the next several weeks I continue to provide helpful information regarding the impact that illegal drug use and/or substance abuse issues may have on your case. Next week I will discuss part II of a IV part series. Next week will focus on hair follicle drug testing.

 

Photo of John Adams John Adams

Drawing on his deep experience in private practice and senior government service, John represents corporations, boards and executives facing significant legal and reputational risk in criminal, regulatory, civil and congressional proceedings.

He has resolved complex, high-stakes matters through innovative settlements and successfully tried…

Drawing on his deep experience in private practice and senior government service, John represents corporations, boards and executives facing significant legal and reputational risk in criminal, regulatory, civil and congressional proceedings.

He has resolved complex, high-stakes matters through innovative settlements and successfully tried cases both as a federal prosecutor and against the Department of Justice. In addition to his investigations practice, John is often called upon to brief and argue appeals in courts across the country and has argued appeals in the U.S. Courts of Appeals for the 2nd, 4th, 6th, 7th and 11th Circuits.

Read more about John AdamsEmail
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  • Posted in:
    Family
  • Blog:
    Dallas Divorce Law Blog
  • Organization:
    Michelle May O'Neil

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