Other causes of failed PEth test for alcohol abuse?

I am currently going through a divorce and my soon to be ex alleged that I had been heavily drinking alcohol. The judge ordered a blood spot 20 PEth test from USDTL. I took the test on June 28, 2021 and tested positive with a value of 54. Having never even heard of the test beforehand I accepted the results to be accurate. I had indeed drank some the month prior to the test. In fact the last time I had any alcohol was on 6/22/21.

I took another PEth test on 8/5/21 from LabCorp. This was a voluntary test that I took in order to show the judge at the next hearing that I hadn’t been drinking anything since the initial test. This test was a blood draw. It came back negative, as I would have expected since it had been a little over 6 weeks since I had consumed any alcohol.

At that point I had no reason to doubt the validity of the PEth test, as both results seemed to match the reality of my alcohol consumption. However, on 8/27/21 my wife requested that I go take a random PEth test. She made the appointment with the courts preferred lab, USDTL. It was another blood spot 20 PEth test. My attorney and I were both really happy that she requested the test because I haven’t had any alcohol since 6/22/21, 66 days prior & we figured it would look good at the hearing to have two clean PEth test results, especially with one being random. Again, I had no reason to doubt the validity of the test at this point. However, the results of the test we’re emailed to me, my attorney, & my wife this morning and to my complete surprise the results were positive with a value of 71. My attorney advised that I go immediately and get a PEth test done at LabCorp, which I did. We have also disputed the results from USDTL and have asked for them to retest the stored sample. However, they are yet to even respond or let us know if they will do that. I called and pleaded my case with someone at the lab 4 different times this morning and I sent an email disputing the results and requesting retest. I haven’t received a response from the email so far and each time I called the person tried to tell me the test couldn’t have a false positive and strongly implied that I was lying without outright calling me one. Regardless, each call I insisted that I wanted a retest because I disputed the results, and he would say he needed to talk to the people at the actual USDTL lab and that he was waiting to hear back from them. When I tried to call the lab directly they told me I had to go through the testing site.

I am hoping and praying that the test I took today at LabCorp will be an accurate negative test result. My rights to see my kids hang in the balance and it’s devastating to me.

6/22/21: last drink of alcohol
6/28/21: positive, USDTL, value 54
8/5/21: negative, LabCorp
8/27/21: positive, USDTL, value 71
9/7/21: pending, LabCorp

Any help or advice would be greatly appreciated.

- Ben

Private message sent

You need the litigation packages for both the USDTL tests. You might need them for the lab corps tests.

There were 10 days between the false positive and lab corps test, so it coming back negative doesn’t immediately condemn the USDTL test with a normal half life of 4.5 days. In 4.5 days you would have a 35.5, in nine days you would have 17.75, under the cutoff.

However, with the litigation package to the last lab corps test, you can see the actual value, which will probably be less than the limit of detection (probably 2), and not the 17 or so it should be if the USDTL test was correct. That’s why you’ll need that litigation package.

This is gonna cost several thousand dollars...

This mess cost me hundreds of thousands, and a career, because no one wants to deal with the mess THEY have created.

I can explain to you and your lawyer how to fight this. You’ll win in a court. I was stuck with arbitration which is nothing more than a corporate compromise, damn the truth.

Thanks so much for the reply. My lawyer and I could definitely use the help.

Do you have any idea on how much the litigation cost? Also, is there any chance that if the USDTL retested the stored sample (if they even have it) it would come back negative?

Also, do you know if the hair or nail test are reliable? I genuinely haven’t had any alcohol since 6/22/21 and need to find a way to definitively prove that if possible

There is Peth in your sample. It got there AFTER you bled. A retest will be as random as cutting cheese off a moldy block... it doesn’t all go moldy at once, so it depends where you cut from.

An accurate test will yield consistent results. THAT is why you need the lit packages (about $600 ea...). It will be interesting to see the difference between your possibly accurate 50ish, vs the false positive. Peth yields false negatives as well, your first test is as unreliable as the second.

Both of your tests yielded values above 20 twice, although only one value is reported. Given the accuracy of LCMSMS they should be THE SAME, what you’ll likely find is they are between 30 to 200 percent different.

I just found out yesterday that I had a “low positive “ Peth test. I am in a recovering professional program in SC. This completely shocks me as I have been completely sober and under the impression these tests would prove my sobriety not question it. I am in healthcare and all I can imagine is that I use too much hand sanitizer and disinfectant wipes with my job. Since Covid I have been very meticulous in this regard assuming ( obviously falsely) that this extraneous exposure could not cause any problems. I do not know what recourse I have. Does anyone know what is the next step? I have an interview with an MRO and I really have no explanation for a Peth of 53. Any suggestions appreciated.

Most likely a standard run of the mill false positive. These are common as it turns out. Hand sanitizer most likely didn’t cause it. It’s a simple pre-analytical flaw in the test which I’ll be happy to explain to you. Give me a call, I sent you my phone number in a private message.

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Hello, I am in the middle of a custody dispute with some harsh allegations. To combat the allegations I had a drug and alcohol evaluation done, and have taken multiple, voluntary ETG tests, all negative. The GAL ordered a PEth test.  Abstinence isn't required, the intent is to show that I'm not an alcoholic or heavy drinker. On 10/16 I consumed 4 Landsharks (Beer). Test was done on 10/22. Prior to that I consumed 0 alcohol several weeks prior. I am currently taking lexapro 10 MG, Amoxicillin, and Dayquil/Nyquil. The week of 10/22 I was also taking 500mg of Naproxen daily. Im a female, mid 30's 107 lbs. My results came back today with a level of 121. How is that possible? What is a level of 121 considered? Research is conflicting, however I expected it to be much lower. Would any of the above information cause a higher result?  Are there other tests that should be done with PEth? I am devastated over this because this test heavily effects my life with my children.

Hello, my question is regarding PEth test results. I am in the middle of a custody dispute with some harsh allegations. To combat the allegations I had a drug and alcohol evaluation done, and have taken multiple, voluntary ETG tests, all negative over the past 6 months. The GAL ordered a PEth test.  Abstinence isn't required, the intent is to show that I'm not an alcoholic or heavy drinker. On 10/16 I consumed 4 Landsharks (Beer). Test was done on 10/22. Prior to that I consumed 0 alcohol several weeks prior. I am currently taking lexapro 10 MG, Amoxicillin, and Dayquil/Nyquil. The week of 10/22 I was also taking 500mg of Naproxen daily. Im a female, mid 30's 107 lbs. My results came back today with a level of 121. How is that possible? What is a level of 121 considered? Research is conflicting, however I expected it to be much lower. Would any of the above information cause a higher result?  Are there other tests that should be done with PEth? Anyone else have any experience like tthis? I'm at a loss as this situation is draining me and this test heavily weighs on the future of my family.