Failed Saliva Swab Drug Screen at Probation Officers'

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Latest post 02-15-2010 3:46 PM by Ford. 2 replies.
  • 02-13-2010 3:42 PM

    Question [=?] Failed Saliva Swab Drug Screen at Probation Officers'

    My friend went to see his probation officer this week and out of the blue they did a saliva swab.  He had taken some meth (unsure of amount) before his appointment and thought it would be through his system before a UA. They have never done an oral swab before so he was shocked.  He hasn't failed a UA in over a year but fears he will fail the oral test.  Others have told us that the oral test has false positives and if you eat or drink 2 hours before the test it can cloud the results.  We've also been told that the oral tests aren't usually admissible in court... is any of this true?  He has finally conceded that he needs to go to rehab and I don't want him to end up in jail b/c of one test.  We called his attorney and he said the probation officer was just trying to get him to sign a document stating that he was using.  He didn't sign it but they talked to him for a long time about just admitting it.  I don't understand why they would do that but I've been very naive about the U.S legal system up until recently.  Thank you! 

  • 02-13-2010 6:00 PM In reply to

    Re: Failed Saliva Swab Drug Screen at Probation Officers'

    "Others have told us that the oral test has false positives and if you eat or drink 2 hours before the test it can cloud the results."

    "Others" are wrong.  Either there are drugs in your system or there aren't but drinking a soda and eating a hamburger before a saliva swab doesn't change your drug test.  The ONLY ingestion of a substance that can give a false positive on a UA (don't know about saliva) is eating a poppy seed bagel or muffin.  Poppy seeds can create a false positive for heroin. 

    "We've also been told that the oral tests aren't usually admissible in court... is any of this true?"

    Nope, not when it comes to probation.  Bottom line is he is using, the PO is on to it and he needs rehab.  If he voluntarily goes to rehab there is a small chance that the court will allow him to continue probation.  If he waits until they violate him it is likely to be much worse.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 02-15-2010 3:46 PM In reply to

    Re: Failed Saliva Swab Drug Screen at Probation Officers'

    They want him to admit it so they can use it against him in any subsequent probation violation.

    In my neck of the woods they don't PV someone as soon as they violate, unless it is something like rolling a new charge or absconding.  They will save the violations up until they get tired of dealing with the defendant, then they toss everything and the kitchen sink at the defendant.

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