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WSLH Toxicology - Traffic Safety Testing

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WSLH Toxicology: Traffic Safety Testing

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The Medical Toxicology Section provides alcohol and drug analysis for law enforcement agencies in support of Wisconsin Statue 343.305 (impaired driving). The section also tests specimens collected in the investigation of the impaired operation of boats, snowmobiles and all-terrain vehicles. The Section tests approximately 22,000 specimens annually for police agencies, sheriffs’ offices, the Wisconsin State Patrol and the Wisconsin Department of Natural Resources. When required, staff members provide testimony in court on laboratory findings, methods of analysis and interpretation of results. Section members receive more than 5000 subpoenas and make more 300 court appearances annually.

Specimen information

Blood Specimens
Urine Specimens
Order Collection Kits

How is the testing done?

Alcohol testing
Drug testing

How are results reported?

Interpreting the report

Alcohol results
Other drug results

Post-testing concerns

Unexpected results
Specimen availability
Specimen re-analysis
Court issues and analyst testimony

Where to get more information

Blood Specimens

Blood specimens collected for investigation of operating while impaired offences are fluoride preserved whole blood. Use the tubes provided in the WSLH collection kit. It is normally desirable to collect two tubes of blood, however, an alcohol analysis alone may be completed with as little as 0.5 mL (approximately one half inch of blood in the tube). Minimal drug testing requires approximately one half of a tube (~ 4 mL). Other types of blood specimens (unpreserved whole blood, serum, plasma) can be tested but are not recommended. (View collection directions.)

Urine Specimens

Urine specimens collected for investigation of operating while impaired offences are collected without preservative. Use the materials provided in the WSLH collection kit. Pay particular attention to the collecting procedure: discard the “void” specimen and collect the second specimen produced. A URINE SPECIMEN IS NOT ACCEPTABLE FOR DRUG TESTING FOR IMPAIRED OPERATION. (View collection directions.)

Order Collection Kits

To Order sample collection kits, call (608) 224-6241.

How is the Testing Done?

Alcohol testing

Specimens submitted for alcohol analysis are tested by gas chromatography. The method is specific for ethyl alcohol. The reported value for ethanol concentration is accurate within 5% of the value, or +/- 0.005 g/100 mL, whichever is greater.

Drug testing

Specimens submitted for drug testing are analyzed following forensic protocols. Specimens are initially screened by immunoassay or chromatographic techniques. Those specimens that have positive initial screens are reanalyzed using alternate methods. Additional quantitative procedures may be required. The testing procedures detect prescription drugs, over-the-counter drugs, illicit drugs, and some drug metabolites. While these procedures will detect a broad range of drugs, some drugs cannot be detected with current WSLH methodology or are detected only by special procedures. A history of suspected drug exposure is helpful to ensure that all drugs of interest are monitored.

How are the results reported?

The results of the testing are reported by mail. Copies of the WSLH reports are mailed to the subject and to the submitting agency. The Wisconsin Department of Transportation receives an electronic copy of the blood ethanol concentration of arrested drivers.

Interpreting the report

Alcohol results

The ethanol concentration is reported in concentration units, grams per 100 milliliters of whole blood. Urine ethanol concentrations are converted to corresponding blood alcohol concentrations, as per Wisconsin Statute 885.235(2). The state of Wisconsin has numerous prohibited blood alcohol concentrations, depending upon the particular circumstances of the subject. The Wisconsin Statutes or an attorney can help identify which circumstances apply.

Other Drug Results

Drug Impairment

Drivers in Wisconsin are prohibited from operating while they are impaired by drugs, irrespective of whether the drugs are illicit, over-the-counter, or taken as prescribed by a doctor. Consequently, specimens testing positive for drugs other than alcohol require individualized interpretation.

The drugs detected are reported either as "Present" (indicating that the drug was detected and confirmed but not quantitated) or as a quantitative concentration of drug, expressed as micrograms per milliliter (mcg/mL) or nanograms per milliliter (ng/mL). The report may contain therapeutic ranges for the drugs detected, and/or additional comments. Therapeutic ranges do not indicate prohibited drug concentrations. Rather, therapeutic ranges represent expected drug concentrations for all conditions where use of a particular drug might be appropriate. Drug concentrations that fall within the stated therapeutic range can still be associated with impairment. Observation of an individual's behavior, often as documented in an officer's report, frequently is the best indicator of impairment due to drug use.

Zero Tolerance for Illicit Drugs

It is illegal to operate a motor vehicle with any detectable amount of a restricted controlled substance in the driver's blood. Restricted controlled substances include all Schedule I controlled substances, with delta-9-tetrahydrocannabinol ( Δ-9-THC) as the specific tetrahydrocannabinol, plus cocaine and methamphetamine from Schedule II. This law does not apply when there is a valid prescription for the legitimate medical use of methamphetamine, a drug that metabolizes to methamphetamine, GHB or marinol (medical Δ-9-THC).

Post-testing Concerns

Unexpected results

These may arise when the presence or absence of alcohol and/or drugs is reported when another result was anticipated. These may also include reports of unexpectedly or extraordinarily high concentrations of an analyte. As there can be a number of possible reasons for the laboratory obtaining results which you did not expect, please call the laboratory at (608) 224-6241 to discuss your concerns.

Specimen availability

Specimens are discarded after six months. Specimens submitted to the Medical Toxicology Section are routinely retained for six months following the date of collection. Specimens will be saved beyond this time upon request from the submitter or subject. Please note that the final report on a specimen requiring drug analysis may not be issued for several months following the collection date, so it is important to make the request in a timely manner. Requests to retain the specimen beyond six months can be made by telephone, but must be confirmed with a written request.

Specimen re-analysis

The specimen may be re-analyzed for ethanol concentration upon written request of the subject, the submitting agency or the prosecuting authority. The re-analysis may be conducted by the WSLH Toxicology Section or the specimen may be sent to another laboratory. The WSLH Toxicology Section will perform the re-analysis at no cost, and will issue a report of the results to all parties connected with the specimen.

Certain requirements must be met if the specimen is to be tested by another laboratory. The submitting agency or prosecuting authority must give written permission to release the specimen to the selected laboratory, and arrangements must be made with that laboratory to accept the specimen and to pay for the cost of the testing. WSLH will assume no role or responsibility other than to package the specimen, enclose the request letter (or other documents provided by the requesting party) and mail the specimen.

Please call the laboratory at (608) 224-6241 for more information about specimen retesting.

Court issues and analyst testimony

The Medical Toxicology Section is an analytical laboratory and not a branch of law enforcement. While the laboratory results will influence the progress of a case through the judicial system, the laboratory staff does not make legal decisions. The disposition of a case is controlled by the prosecuting authority.

The analytical staff is always willing to discuss the methods used in testing specimens and to assist in interpreting the results. Staff members are not trained in law, however, and do not give legal advice.

The Medical Toxicology Section serves all of Wisconsin, and as a Section receives more than 20 subpoenas per working day. This volume of subpoenas often makes scheduling a particular analyst for a court appearance challenging. The best way to schedule an analyst for testimony is to call Court Scheduling at (608) 224-6242.

Where to get more information

Call the Medical Toxicology Section at (608) 224-6241. Mailed correspondence should be addressed to Medical Toxicology Section; Wisconsin State Laboratory of Hygiene; 2601 Agriculture Drive; PO Box 7996; Madison, WI 53707-7996.

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