Drivers arrested on suspicion of DUI / DWI in California are required by law to take a chemical test to measure blood alcohol content (BAC). Drivers suspected of being under the influence of alcohol are given a choice between a blood or a breath test. Drivers believed to be under the influence of drugs must take a blood or urine test.
Urine tests are considered the least reliable of the three types of chemical tests available. Fortunately, urine tests can be effectively challenged in drunk driving or driving under the influence of drugs (DUID) cases. The experienced defense lawyers at The Kavinoky Law Firm know the inherent flaws in urine tests and will use that knowledge to craft an aggressive defense strategy.
Urine tests are typically implemented only when a motorist is suspected of driving under the influence of drugs or driving under the influence of alcohol and drugs. However, urine tests may be given in drunk driving cases when breath or blood tests are not available.
California law dictates that if a urine test is given, the individual must be provided enough privacy to maintain dignity while still ensuring the accuracy of the sample. When the urine test is requested, drivers are advised to empty their bladders, wait 20 minutes, and then go again.
Urine tests have strict protocols but are prone to human error. Police and technicians routinely fail to follow the required procedures, making test results unreliable.
Urine testing is the least reliable method of testing for blood alcohol content. Because the test involves water rather than blood, the result is usually inflated. The concentration of alcohol in the urine is approximately 1.33 times the concentration of alcohol in the blood at the same time.
Urine tests are equally unreliable in DUID cases, because it’s impossible to determine when a drug was used. They can only detect metabolites, or inactive leftover traces of a drug. For example, a driver who smoked marijuana on a Friday night could test positive the following Tuesday, long after the drug has ceased to have any effect. Obviously, what a driver did on Friday has nothing to do with his or her fitness to drive on Tuesday.
The flaws inherent in urine testing for drugs have been scientifically documented. A study performed by the National Institute of Drug Abuse found that 20 percent of the labs surveyed mistakenly reported the presence of illegal drugs in drug-free urine samples.
Urinalysis also tends to confuse similar chemical compounds. For example, codeine and non-narcotic cough syrup have been known to produce positive results for heroin. By the same token, Advil has produced false positives for marijuana, and Nyquil for amphetamines.
Urine testing is extremely unreliable in both drunk driving and DUID cases, so it’s possible to effectively challenge the test results. A California lawyer with experience defending DUID and DUI / DWI cases can attack the integrity of urine tests and other types of chemical testing, and can effectively fight a drinking and driving or driving under the influence of drugs charge.
