Alcohol & Drug Testing in the Family Court in New Zealand

We provide alcohol monitoring solutions in the Family Court, and we often get asked which solution is the best for testing alcohol & drug use. There’s no right answer to address every situation, but here I’ll cover off the solutions available, and discuss the suitability and pros & cons of each.

Hair follicle testing (and nail clipping testing)

Hair follicle testing is very common in the Family Court. Generally, anyone going through the Court with allegations of drug or alcohol abuse would need to undergo a hair follicle test. This means taking a hair sample from anywhere on the body, normally an inch wide or around 100 strands. The sample is then send to a lab and tested for the alcohol metabolite (known as EtG) & specified drugs.

Nail clipping testing works the same, except a few nail clippings are taken instead of a hair sample.

Hair and nail testing are great for checking to see if someone has had drugs or alcohol in the past. Generally, hair follicle samples provide a 6-month ‘window’ of usage and nail clippings can provide up to 12-months. This means a hair or nail test can determine if someone has had any drugs or alcohol within the last 6 months.

Following consumption, drugs and alcohol are absorbed in the bloodstream and metabolised into cells on someone’s body. This includes their hair and nails. Therefore, the longer someone’s hair or nails are, the more ‘history’ of drug or alcohol usage will be stored. Conversely, the shorter the hair or nails are, the less ‘history’ of usage will be detectable.

Hair follicle testing is offered in NZ by a number of companies, including: The Drug Detection Agency (TDDA), Resultz Group and Drug Testing Services.

This is a breathalyser with a cellular modem, built-in camera and a programmable weekly testing schedule. It’ll beep and require a breath test at set times across a week, capture a photo of the user’s face and immediately email the result to stakeholders, such as counsel and other parties.

Smart Mobile is designed for a user to put their sobriety beyond doubt. It’s perfect for someone who needs to prove to the Court that they haven’t been drinking, to allow contact with children.

The breath test data is all court-admissible: each report includes a photo of the user’s face, and their exact breath alcohol level. It provides accountability for a user because there’s no way to cheat it. If someone other than the user takes a breath test, or they use a blower or balloon, it’s clearly visible in the photo that they are tampering with the device.

Visit this link for video resources on Smart Mobile: https://smartstartinterlocks.co.nz/smart-mobile/

Transdermal testing is technology used to detect alcohol through the skin. There are ankle bracelets, watches and other wearables which use this technology to monitor alcohol use. Following consumption, alcohol metabolises into the sweat glands within 30 minutes or so. Even if you’re not exercising or ‘breaking a sweat’, there’s still perspiration on your skin’s surface. A bracelet, generally worn on the ankle or wrist, will detect alcohol present in this sweat using a transdermal sensor.

The two most common wearables are ankle bracelets, provided by SCRAM Systems, and wristbands, provided by SOBRsure.

The most obvious question arises – how do you know that the right person is wearing the device? Well, SCRAM ankle bracelets are locked on by a provider and can’t be unlocked by anyone else. If it’s forcibly cut off or the device is tampered with, it’ll notify the provider.

With SOBRsure wristbands, a user is required to video them putting it on their wrist. The video has to clearly show the user and their wrist during the application. The technology in the wristband then ‘calibrates’ to the individual’s skin, so it’s easy to tell if someone else is using it in future. The wristband also has an infrared beam and a temperature sensor on the skin. This means it’s easy to see if someone is trying to tamper with it, because putting something under it would break the infrared beam. Additionally, the temperature sensor continuously monitors body heat, so if it detects a quick change in temperature, this means someone has removed it or is attempting to tamper with it.

This is an adhesive patch, applied to a hairless part of the skin for two weeks. It looks like a bandage, and it’s applied the same. It’ll stick to an individual’s skin for two weeks and absorb sweat. The patch is removed after two weeks on the skin, sent to a lab to test for drug usage, and results come back within a week or so.

When an individual uses drugs, such as cannabis or meth, the drug metabolises into their bloodstream and cells. This includes sweat; the patch will detect any drug use in the person’s sweat while it is applied.

There are good circumvention measures in place – the adhesive sticks only once, so it won’t stick again by itself if removed. If someone has the patch applied and returns two weeks later with it held in place by tape or a bandage, you can assume it has been tampered with. Additionally, the provider of the skin patch will carry out an inspection for any signs of tampering once it’s removed.

For more information on drug patches, we recommend you contact Drug Patch Australia & New Zealand directly.

This is less common in the Family Court due to the popularity of hair follicle testing. It’s really straightforward – an individual provides a urine sample or places a swab in their mouth to collect saliva. The sample is placed in a cup that has detection strips. The strips absorb the fluid and display a negative or non-negative result, similar to a COVID-19 rapid antigen test (RAT).

Urine and saliva testing are readily available in NZ from medical centres such as Habit Health and Lifecare Consultants, and drug testing companies like TDDA and Resultz Group.

We’re regularly working with people going through the Family Court and we’ll be able to recommend the right solution for you.

Email us at info@smartstartinterlocks.co.nz, fill out our contact form or give us a call on 0800 002 182.