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Legal Acceptance of PEth and Evaluating a PEth Result
The PEth has been accepted in administrative hearings across
the United States (36–41). In a presentation to the United States
7th Circuit Court, a noted authority in family law stated, “the
PEth in blood and EtG in nail/hair are in current use all over the
world and have been accepted by the professionals in this specialized
world. . . These tests are being used all over the country
for family court matters as well.” (42). The virtues of the PEth
were also presented to the Texas Bar Association in 2017 (43).
It is clear that the PEth has been judged to be meaningful in aiding
in court decisions.
A “positive” PEth finding (>20 ng/mL) in the lower range
(e.g., 20–80 ng/mL) indicates that the person has very likely
consumed at least 2.5 or more standard drinks for several days
prior to the test or had binged rather heavily. While a low PEth
value does not reveal the pattern of consumption, the unassailable
conclusion is that the employee has consumed alcohol
within the past month or so.
When the PEth value is within the 80–200 ng/mL range, it is
readily interpreted as the employee having ingested significant
quantities of alcohol within the past few weeks, either by bingeing
or regular consumption. As the laboratory PEth finding is
the minimum concentration of the deteriorating PEth, the
research findings noted above can provide some suggested intensities
of the alcohol consumption, but for perspective only.
When PEth values are above 200 ng/mL, then the clinician
can be confident that the employee has been drinking very heavily
and likely frequently.
The PEth has been accepted in administrative hearings across
the United States (36–41). In a presentation to the United States
7th Circuit Court, a noted authority in family law stated, “the
PEth in blood and EtG in nail/hair are in current use all over the
world and have been accepted by the professionals in this specialized
world. . . These tests are being used all over the country
for family court matters as well.” (42). The virtues of the PEth
were also presented to the Texas Bar Association in 2017 (43).
It is clear that the PEth has been judged to be meaningful in aiding
in court decisions.
A “positive” PEth finding (>20 ng/mL) in the lower range
(e.g., 20–80 ng/mL) indicates that the person has very likely
consumed at least 2.5 or more standard drinks for several days
prior to the test or had binged rather heavily. While a low PEth
value does not reveal the pattern of consumption, the unassailable
conclusion is that the employee has consumed alcohol
within the past month or so.
When the PEth value is within the 80–200 ng/mL range, it is
readily interpreted as the employee having ingested significant
quantities of alcohol within the past few weeks, either by bingeing
or regular consumption. As the laboratory PEth finding is
the minimum concentration of the deteriorating PEth, the
research findings noted above can provide some suggested intensities
of the alcohol consumption, but for perspective only.
When PEth values are above 200 ng/mL, then the clinician
can be confident that the employee has been drinking very heavily
and likely frequently.
