DUI Urine Test

In each state, driving a vehicle when your blood alcohol content (BAC) is .08% or higher is illegal. To determine BAC, a police officer may ask a driver suspected of drunk driving to submit to a urine, breath, or blood test. The breath test is the most commonly used of the three because it can be administered by the officer during the traffic stop.

The blood test is considered the most accurate of all chemical tests because it directly measures the alcohol in the blood stream. However, there are strict regulations on who may administer the test and how it may be conducted. In order to take a blood test, the driver must be transported to a medical setting. The time spent going to a medical setting could allow your BAC to rise, thereby affecting the results of the blood test.

A DUI urine test is used most often when testing for drugs, not alcohol. This test is used when a breath or blood test cannot be given. The results of a urine test can be questioned, a key fact for a driver accused of driving under the influence. The DUI urine test cannot determine the concentration of alcohol, and, because the test involves water instead of blood, the results may be inflated. A skilled DUI lawyer can point out the flaws with the urine test in order to help the client’s defense.

Each state has strict protocols on how a DUI urine test may be administered. Generally, the driver must be given some amount of privacy, while ensuring that the urine sample is accurate. The driver may be directed to empty his or her bladder and then take the test after 20 minutes.

If your attorney can discredit your urine test, the DUI charges against you may be reduced to a reckless driving charge. The penalties for reckless driving are less than those for a DUI, so you may avoid jail time, expensive fines, and community service.

If you have recently failed a DUI urine test, you should immediately speak with an experienced defense attorney. Your attorney will investigate your urine test to determine if it was administered correctly and if the results are accurate.