What makes Varian’s drug screen findings “legally defensible?”

In a word: reliability. Courts of law look for these factors when reviewing rapid drug test results:

? Well designed and manufactured products that deliver consistent results from test to test and operator to operator
? Sound assays that meet or exceed scientifically recognized performance standards
? The test operator’s understanding and use of test processing and chain-of-custody protocols
? Outcomes that rely the least on the test operator's subjective interpretation, medical knowledge, or technical skills

Criminal courts find OnTrak TesTcup? and OnTrak TesTstik™ products admissible and reliable

There have been a number of criminal justice cases discussing Varian, Inc. immunoassay on-site drug tests. The RD products have been consistently upheld as admissible and reliable. The two most recent cases involve the Varian, Inc. Ontrak TesTcup and TesTstik products.

In a Virginia probation revocation case, the Ontrak TesTcup and TesTstik products were examined by the court for use as evidence. Dr. Stuart Bogema, an expert on toxicology, testified as to the accuracy of the tests. He stated that he had performed studies of the Ontrak TesTcup device using approximately 500 specimens. Some specimens contained drugs and some did not. He found the Ontrak TesTcup product to be "very reliable" and he "did not have any false positives for marijuana, cocaine, and morphine." He also testified there were no false negatives for cocaine, marijuana, and opiates. The Ontrak TesTstik product was used to confirm the Ontrak TesTcup device. Dr. Bogema noted that the tests use the same cut-off detection levels used by the federal government for testing employees. The court accepted the tests as evidence. Commonwealth of Virginia vs. Critchley, Criminal Case No. 28731, Cir. Ct. Prince William County, March 19, 1998.