Does a positive on an EtG prove alcohol consumption, or can incidental exposure be argued and won in court?
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Does a positive on an EtG prove alcohol consumption, or can incidental exposure be argued and won in court?
No.. and it doesn't have to. If you are subject to ETG testing... you were prohibited from contact with all sources of alcohol. It really doesn't matter if you were drinking it.. bathing in it or using it up your butt as an enema. Use is still use.
When subjected to ETG testing you're told of the products that can cause a positive. That includes many cough medicines, hand sanitizer, mouth wash, etc. etc. You should have been given a list. If not, you should be smart enough to know that a positive can happen if you use any product with alcohol in it.
If you tested positive, there's no way to prove that it wasn't due to drinking. A positive is a positive. You won't win in court.
2lls4got was never told about incidental exposure, or an EtG and what to avoid. Testing center said they would inform others in the future.
Why are you referring to yourself in the third person?
Bottom line, there are many products on the market that contain alcohol. It doesn't take a brain surgeon to know to avoid items that contain alcohol, when you're being test for alcohol consumption.
If you were to win in court for a positive ETG, which you dispute, you'd have to prove that it wasn't due to actual alcohol consumption, and not just products that contain alcohol. How do you propose to prove that?
Still doesn't matter... use is use. 99.99% of people with dependency issues will lie or attempt to rationalize it when caught. That's why there are zero excuses accepted.
THe courts that mandated the testing do that... not the testing lab.
I agree.....why are you reffering to yourself in the third person. Its against the site rules for more than one person to use a single account.
MY research of SAMSHA Advisory, Spring 2012-Volume II-Issue 2. The testing company used as referral this wealth of information that warns Courts of using EtG as proof of actual alcohol consumption rather than possible incidental exposure.
So? Almost every personal care product out there is available in alcohol free formulations... what you are doing is trying to rationalize drinking by trying to argue something else is at fault for a legitimately failed test.
It's not likely that 2lls4got could successfully argue this in court. 2lls4got would probably lose because a fail is a fail and claiming it was hand sanitizer or fumes from napalm will be pretty hard to prove...even if the court cared to hear it. Too many people already use this excuse to try to cover up non-compliance.
A man will watch his house burn down and later sit in the ashes to eat... Instinct. Will post what I find out from my attorney and chemist for all that are interested. Time to eat.
Kind of cryptic when you consider what this question is about. So what does that have to do with anything?
I think someone might have a bottle of a strong adult beverage next to them right now.
My house has never burned down. If it did, I wouldn't sit in the ashes and eat. I'd mourn my loss. That's human nature. But I have insurance, so I'd build a new house, live it in, and move on.
I think it's time for you to move on. Stop fooling yourself. Obviously this was not a false fail, but a real one. Time to get up from the ashes, and face reality!
Let's take this seriously, a bit.
Can't take it too seriously since the OP (original poster) isn't, and that's obvious because of the cryptic nonsense he/she is posting.
Since the OP isn't being honest, and only posting nonsense, I'm going to guess, which is all I can do, since the OP isn't giving us enough info to go by.
I'm guessing the OP is an alcoholic, on probation. I'm guessing the OP drank, and is now worried about fooling a failed ETG Like most addicts, the OP is trying to get out of a positive result by claiming it's something else, when it really isn't something else
Since we won't help him/her beat the system, the OP is posting crap that has nothing to do with his/her actual question.
Until the OP is honest, we can't help.
Bottom line, the OP failed the ETG. Unless the OP can prove to the courts that he/she didn't drink (which is impossible after a failed ETG) he/she is going to suffer the consequences that initiated ETG testing in the first place.
The OP wants to fool the system by claiming he/she used other products that contain alcohol, that prompted the failed ETG. So the OP admits that he/she knew that products containing alcohol could produce a fail on an ETG, but used those products anyway?
Ya, they haven't heard that one before! You're the first! You're the only alcoholic being test for ETG that didn't drink, but had a fail because you had the sniffles, or used hand sanitizer, or mouth wash, or any other product that contains alcohol. They'll totally believe you, because God knows you wouldn't lie. That's sarcasm by the way.
You failed the ETG. You can protest it, and try to explain that it wasn't due to alcohol consumption (which I'm betting is a lie), but unless you can prove it, it's a fail. So you suffer whatever consequences a fail precludes.
Since you won't be honest with us, which means you're not honest at all, I can only offer to help with your addiction. If you need help, ask for it, and we'll be there to do what we can. But until you stop lying to yourself, you're stuck where you are, which means you have to deal with the consequences.
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