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20 Dec 2022
3 minutes read

Alcohol testing: navigating the options

It is not uncommon for one parent to allege that the other parent has an alcohol issue when a couple split up. Sometimes there is a genuine concern for the children as the alcohol consumption has gone beyond recreational use. Sometimes allegations are made that are simply untrue. The Family Court takes alcohol misuse very seriously and has a number of ways to establish and manage any potential risk. 

Not everybody takes alcohol tests for the same reasons. It might be your own choice, an order of the court or something requested by a co-parent. You might need to prove your use is controlled or reduced; others might need to show sobriety. If you, a friend or a family member are considering alcohol testing, it can be overwhelming to decide between the variety of different tests available.  Here is our quick guide to navigating this complex area. 

SCRAM bracelet

An ankle bracelet that tests by automatically sampling sweat every half an hour for 24 hours with the results being uploaded centrally so reports can be produced. Costs start from about £600 (plus VAT) for 30 days.  

Pros

  • Not invasive
  • Automatic and nothing you need to remember to do
  • Can detect very low levels of alcohol so is useful for showing complete sobriety or controlled drinking

Cons

  • Wearing a small ankle tag is not for everyone
  • The results are not "on demand" but are supplied weekly, fortnightly or monthly

Portable alcohol monitoring

A small, lightweight breathalyser attached to a SmartMobile. It tests by measuring alcohol levels in your  breath by blowing into the device at random or scheduled times throughout the day.Costs start from about £600 (plus VAT) for 30 days.

Pros

  • Instant results
  • Inbuilt facial recognition so no possibility of tampering
  • Small and discreet
  • Not invasive
  • Detailed weekly, fortnightly or monthly reports can be produced

Cons

  • Requires mobile signal and needs to be kept charged
  • Something that needs to be actively done (or remembered to be done
  • Sometimes a snapshot doesn't tell the whole story and you need the full report to understand patterns of drinking

Breathalyser

Recognisable tests as these are used by the police in roadside drink-driving checks. They provide a digital reading of the breath alcohol concentration at the time of testing. Costs start at about £50 (plus VAT) for the more reliable devices. 

Pros

  • Instant results
  • Compact, easy to use device

Cons

  • Does not measure historic use
  • Does not measure historic use
  • Possibility of tampering which is why the courts don't like them

PEth testing

A blood test which provides an overview for up to four weeks and can determine chronic, moderate or low alcohol consumption. Prices start at about £100 (plus VAT) but there are usually added costs.  

Pros

  • Safe for pregnant women to use
  • Determines a range of alcohol consumption
  • Incredibly specific and sensitive

Cons

  • Invasive and not everyone likes blood tests
  • Have to attend a test centre or pay for samples to be collected
  • No real-time results
  • Limited historical results - only four weeks

Hair and nail testing  

Samples of hair or nail are tested to provide a 3-6 month overview of drinking. Costs start at about £200 (plus VAT) for nail testing but like PEth testing there are often added costs. 

Pros

  • Highly accurate
  • Head samples can provide historical data going back up to 6 months. Body hair can go back up to 12 months
  • Useful when infrequent testing is needed
  • Useful when chronic or long term excessive drinking is being alleged

Cons

  • Invasive
  • Cannot map precise moments of excessive drinking

 

If you are concerned that alcohol misuse is a problem for your ex, and that this may impact on their relationship with your children, or you are facing allegations that you consume too much alcohol, speaking to our family team can help.  Not only can we help you navigate the legal issues, but we have plenty of practical experience in working alongside therapists and specialists to support your family in whatever challenges you are facing.  

Our content explained

Every piece of content we create is correct on the date it’s published but please don’t rely on it as legal advice. If you’d like to speak to us about your own legal requirements, please contact one of our expert lawyers.