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Proof of sobriety

  • 06-06-2014 9:25am
    #1
    Registered Users Posts: 2


    I am a recovering alcoholic with children.
    I do not drink and have been sober for a long time but my ex wife maintains that my sobriety is always in question.
    Is there a way that I can have my sobriety monitored to satisfy an irish court that i do not drink?


Comments

  • Registered Users, Registered Users 2 Posts: 433 ✭✭Lmklad


    Only way to really do it is to swear to it on oath in front of the judge.


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    I don't think there's a facility for this, but I think there are drugs that will make you violently ill if you drink alcohol.


  • Registered Users, Registered Users 2 Posts: 78,502 ✭✭✭✭Victor


    Talk to your GP. There may be a testing regime that can be used.

    Attend counseling.


  • Registered Users Posts: 2 Bglwy


    Thanks all. I hadn't thought of anything as simple as swearing under oath. I don't need pils. I don't drink anymore. Just need to prove it.

    Might ask the GP too.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Bglwy wrote: »
    Thanks all. I hadn't thought of anything as simple as swearing under oath. I don't need pils. I don't drink anymore. Just need to prove it.

    Might ask the GP too.

    The only thing that will be accepted by the courts as definitive proof is regular blood or urine samples.


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  • Registered Users Posts: 19 norwegian fjord


    Not sure if this is of any help but in the UK the family courts use hair strand testing and Liver Function Tests. Consideration should also be given to assessing lifestyle/parenting capacity. By this I mean, how you function carrying out daily tasks. Questions such as are you working, taking and collecting the children from school, interacting with other professionals. In the UK its not just about parents consuming alcohol it is whether or not it impacts upon their parenting.


  • Registered Users Posts: 44 irishredmist


    The only thing that will be accepted by the courts as definitive proof is regular blood or urine samples.

    Are you serious I take it you mean the Irish courts? How is definitive proof found in blood and urine samples proving sobriety? It will only establish current levels of alcohol recently consumed, the standard is one unit per hour for the liver to process alcohol out of the body. So even regular checks will not be definitive unless he has recently consumed.


  • Registered Users Posts: 44 irishredmist


    Not sure if this is of any help but in the UK the family courts use hair strand testing and Liver Function Tests. Consideration should also be given to assessing lifestyle/parenting capacity. By this I mean, how you function carrying out daily tasks. Questions such as are you working, taking and collecting the children from school, interacting with other professionals. In the UK its not just about parents consuming alcohol it is whether or not it impacts upon their parenting.

    Now that's definitive proof.


  • Registered Users Posts: 44 irishredmist


    ...


  • Registered Users Posts: 44 irishredmist


    ..


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  • Registered Users Posts: 44 irishredmist


    ..


  • Registered Users, Registered Users 2 Posts: 25,504 ✭✭✭✭coylemj


    Are you serious I take it you mean the Irish courts? How is definitive proof found in blood and urine samples proving sobriety? It will only establish current levels of alcohol recently consumed, the standard is one unit per hour for the liver to process alcohol out of the body. So even regular checks will not be definitive unless he has recently consumed.

    Wrong, the tests that are being described are not about measuring current levels of alcohol in the system, they are to measure markers in the system which indicate previous high alcohol consumption. Despite what you say above, your liver has a memory....

    There is an enzyme produced by the liver called Gamma GT (GGT) and an elevated level detected in liver function (blood) tests indicates excessive alcohol consumption over time i.e. you could be stone cold sober for a fortnight but an elevated GGT level would show that you were overdoing it on a regular basis.

    So blood tests can be used to show that you are abstaining from the booze, I believe that liver function blood tests are part of the route to getting your licence back in NZ after a ban for drink driving.


  • Registered Users, Registered Users 2 Posts: 3,383 ✭✭✭peckerhead


    OP, I would certainly talk to your GP and I'd agree with the point about this being about a court's judgement of your capacity to remain sober and to deal responsibly (with regard to e.g. care of children, I'm guessing?), not just about proving that you haven't had alcohol in your system since X years/months ago. I doubt that a court would be keen on a requirement for ongoing testing, but I don't know much about the law.

    If you (like me) describe yourself as a recovering alcoholic, you'll understand too that in one sense, your sobriety is always going to be "in question", not only because you could lose it in a heartbeat but because some people may never fully forgive you or be prepared to trust you again. There's nothing you can do about that. Some may even be happy to use your drinking as a stick to beat you with or a brush to tar you with for the rest of your life, regardless of anything you do. There's nothing you can do about that.

    If you're facing a conflictual legal process, from what I can see, Irish family law will be tipped very steeply in favour of your ex-wife (of whose story we know nothing here, remember). This would be the case even if you didn't have a history of alcoholism. Or, having one, were able somehow to prove irrefutably that you no longer drink. What would it prove, anyway, that there was no chance of you ever picking up a drink again?

    If I were in your shoes, my instinct would be to offer to provide some sort of sworn statement to the effect that yes, you are a recovering alcoholic, but that you have been sober for X years, with supporting medical evidence as and if required — this with a view to disarming the prejudicial arguments/presuppositions that your alcoholism hands on a platter to your wife, if — we don't know — it is the case that she is seeking to undermine your credibility or your fitness as a parent (for example). I suspect that a judge or a court would also consider carefully such questions as were mentioned above — evidence of normal social functioning, 'rehabilitation' into the community, even things like attendance at AA meetings. If you are entirely honest and drag the 'alcoholic husband' issue out onto the table, it seems to me that you have maybe a better chance of deflating arguments that use it against you and gaining a fairer, if not more sympathetic hearing for your own case. As I said, I don't think it will (all) be about blood/urine samples.

    But none of this is legal advice (which you should probably also take, in addition to talking to your GP). Just my 2c. Good luck...


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    There is a hair test I believe that uses analysis to show if any intoxicants have been taken during the life of the hair.

    Contact your gp

    http://www.omegalabs.net/abouthairtesting/hairtestingfaq/hairtestingfaq.aspx


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