Anthony Bing found himself in a nightmare scenario when his urine tests for alcohol came back positive five times in a row, despite him abstaining from alcohol for almost a year. This false-positive result threatened his probation and his freedom, putting him at risk of going to jail. Bing, a Navy veteran, had a history of drug problems and had been arrested for assault in 2017. He had made progress through the Veterans’ Treatment Court but was now facing a major setback due to faulty drug testing procedures.
Diversionary programs like the one Bing was enrolled in have the authority to violate participants and send them to prison without solid proof of wrongdoing. In Bing’s case, the false-positive urine tests put him in jeopardy of losing all the progress he had made since his arrest. The impact of returning to jail would not only affect his personal life, being married to a licensed practical nurse named Priscilla, but also exacerbate his existing health issues, including high blood pressure, sleep apnea, partial paralysis, and legal blindness.
The culprit behind Bing’s false-positive results was the testing procedure itself. Being on a common diabetes medication that caused high levels of sugar in his urine, the samples were left at room temperature for an extended period before testing. This caused the sugar to ferment into alcohol, leading to the positive tests. The significance of Bing’s case was highlighted in the New England Journal of Medicine in February, shedding light on the flawed drug testing practices in the criminal justice system.
Despite efforts to prove Bing’s innocence with detailed letters to the court outlining the errors in the testing process, additional false-positive results continued to emerge. This resulted in Bing having to seek legal representation to address the broken bureaucracy that failed to acknowledge his innocence. The lack of medical expertise among those administering the tests, coupled with the absence of standardization across agencies and labs, contributes to the recurring issue of false positives in drug testing within the criminal system.
Bing’s case serves as a sobering reminder of the deficiencies in the current drug testing practices within the criminal justice system. Substances as commonplace as hand sanitizer or prescribed medications can trigger false-positive results for alcohol or drugs. The lack of standardized protocols and the absence of medical expertise in interpreting test results contribute to the prevalence of erroneous outcomes. As more cases like Bing’s surface, it becomes imperative to establish better procedures for drug testing to prevent individuals from unjustly losing their freedom due to flawed scientific standards.
The unfortunate ordeal faced by Anthony Bing underscores the urgent need for reform in drug testing practices within the criminal justice system. False positive results not only jeopardize individual liberties but also cast doubt on the integrity of the legal process. As experts like Aaron L. Schwartz, MD, PhD, and Tamar Lerer, JD, advocate for improved standards and procedures, it is essential to prioritize accuracy and fairness in drug testing to prevent cases like Bing’s from occurring in the future. By addressing the root causes of false positives and implementing necessary reforms, we can ensure that individuals, especially vulnerable populations like veterans, are not unjustly penalized due to inadequate scientific practices.
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