By comparison, in 2014 a total of 853 urine samples were subjected to
a confirming analysis. Of these, 162 samples, i.e. 19%, showed a
creatinine value that was too low – e.g. resulting from dilution –and
therefore could no longer be definitively interpreted.
Based on these analyses, saliva tests – unlike urine tests – have
different detection periods for certain substances. For example, the
time period during which lipophilic substances, such as cannabis and
benzodiazepine, are detectable is 6 to 30 days with urine but only 1 to
3 days with saliva. This – chemical – effect for the first time allows the
tester to distinguish between recent consumption of these substances
and consumption at a time farther in the past.
Analysis
Whereas giving a urine sample while under observation results in a
potential invasion of privacy per se, basic rights are not affected by
saliva testing. Not only can the samples be taken with a simple pad,
but they can be taken by any prison employee regardless of the
gender of the person to be tested and there is no waiting time
between drinking a liquid and urinating which had to be included in
the calculation.
Practicability
In the opinion of the Federal Ministry of Justice, there are
disadvantages as well as advantages in this regard: saliva testing,
which costs about EUR 35 per test, is significantly more expensive than
urine testing at about EUR 3.80 per test (for each parameter to be
tested). Analysis results would often be electronically transmitted to the
correctional institutions on the day the sample was given, but no later
than the following day (pick-up of the test strips was agreed upon
individually by the laboratory and the correctional institution). Unlike
urine tests, the results of saliva tests are not determined immediately
afterwards.
Costs and validity
However, it must be conceded that the usual urine tests have only
been “quick tests” so far, which can weaken or strengthen a suspicion
or provide the basis for a suspicion. Only GC/MS analysis (gas
chromatographic mass spectrometry) of the urine medium can
provide proof of the consumption of narcotics.
Urine tests provide no
proof
According to the Federal Ministry of Justice, the high cost and the fact
that the testing results are not immediately available caused the
Vienna-Favoriten correctional institution to leave the pilot project,
especially since this correctional institution, as a therapy facility, has a
high frequency of testing. Nevertheless, the prison administration
continues to have a positive attitude toward the introduction of saliva
tests Austria-wide based on the results of the pilot project.
However, the introduction of saliva tests will not result in the complete
discontinuance of urine tests, especially since the immediate
availability of results will continue to be indispensable to the everyday
management of the prison – e.g. for random testing after inmates
98
Federal Ministry of
Justice only wishes to
supplement, not to
replace
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