subject: Alcohol Testing 101-what Every Citizen Must Know [print this page] Alcohol is not an illegal drugAlcohol is not an illegal drug. Those that are over the age of 21 can purchase and legally consume alcohol. No one is suggesting otherwise. That said, the effects of alcohol are no different than various illegal drugs. Alcohol can undermine judgment, motor skills, and overall critical thinking. In some instances, it can trigger improper behavior in those that would never act in such away when not under the influence of alcohol.
Because of this, there are laws in effect regarding intoxification. It is legal to consume alcohol. It is legal to become drunk. However, once you leave your home or the local bar and wander on the street, you may be arrested and charged with public drunkenness or disturbing the peace. Of course, driving while intoxicated carries severe criminal penalties.
In the workforce, anyone seemingly under the influence of alcohol may be asked to go home. Obviously, a drunk person on the job can create a serious liability hazard. It would make perfect sense that such an individual is dismissed and potentially terminated.
That said, it is also important to point out that all people have rights. Human beings are...human. That means they can make mistakes. If someone makes the terrible error of getting drunk in public or in the office, there are still legal issues arising. These legal issues may surround requests for the intoxicated person to take an alcohol test.
It would probably not be wise to outright refuse a sobriety test since this can be construed as an admission of guilt. Rather, it may be best to ask to consult with your lawyer first prior to taking the test. You will not refuse the test but you insist on consulting with an attorney prior to taking the test. Regardless of what an employer might say, you should consult with an attorney to examine your options.
In prior generations, the archaic systems designed to detect alcohol in one's bloodstream was primitive. 10 - 12 hours was the only detectable window. After 12 hours the ability to determine whether nor not one had been drinking would be impossible. Today there are far more sophisticated systems in place. Alcohol can be detected upwards of 3 - 5 days after the person had been drinking. The fact that there are four different types of tests which can be employed - breath, hair, blood, and urine - that can detect foreign substances contributes to the ability to determine intoxification. Considering this fact, there should not be much of a problem delaying a laboratory test until the individual can speak with an attorney.
Why is there so much renewed interest in workplace alcohol and drug testing? Honestly, there is not so much a renewed interest as interest has always been there. The main different today is that effective alcohol and drug testing procedures are in place. This allows employers to effectively test employees in a cost effective and reliable manner. This certainly will benefit all parties involved and help maintain a safe and harmonious workforce.
