Driving under the influence of alcohol is something no one should do if they do not want to face the consequences. Do not rest assured that you will not get caught. The DUI urine test is one of the methods used by the police officers in order to catch the drinking drivers.
However, if you are facing charges for driving while intoxicated, and you feel that the urine test was not accurate, you should take action. It is only natural that you might feel a certain level of uncertainty and stress, but this does not mean you should not do anything about it.
Usually, the urine tests are required by the police officers after they have already physically tested the driver. If the driver does not do well when he is asked to walk straight or keep his balance while standing on one leg, then the policemen are entitled to ask for further testing.
These tests can be of different types: there are blood, breath, and urine samples. If the driver refuses to give the required sample, his driving license will be suspended and he/she can even end up in jail.
However, it is known the fact that urine tests cannot be as accurate as those of blood and breath. This is the why the driver will have to give a urine sample only when the other two tests failed to reveal a certain result.
DUI Urine Test’s Accuracy
One motive that a urine test is less accurate is due to the fact that it has to be matched with an equal level of alcohol blood. Usually, the 1:33:1 ratio is most taken into consideration. Furthermore, the level of the DUI urine test’s accuracy is also influenced by the driver’s organism. Each human body has its own specific way to incorporate the alcohol in the blood as well as in their urine. While some drinking drivers might have less alcohol concentration in their blood compared to their urine, others present the opposite situation.
Due to the fact that the urine alcohol level is constantly changing, the blood samples are more accurate than the urine ones. It all depends on the moment in which the driver has urinated. If he drank a lot of alcohol but has not urinated until the moment of the urine test, the concentration of alcohol will show up higher than it really is. The vice versa situation is also true: if one person drinks a small amount of alcohol only a few hours before the test, the sample can show a low liquor concentration in the urine.
The examples presented above are both reasons to why the DUI urine test can be misleading sometimes. Furthermore, urine tests are similar to blood tests when it comes to the laboratory analyses, meaning that both of them can be influenced by lab errors.
How to Fight A DUI Urine Test?
As I previously stated, urine tests can be misleading sometimes. This helps a well experienced lawyer to create doubts in the Court, about the accuracy of the test. All this can happen in the favor of the defendant, even though the police officers always make sure they ask the driver to give a second urine sample, twenty minutes after the initial one.
Because of the fact that the DUI urine test was highly disapproved and controversial, it is most commonly used in drug testing cases. For alcohol abuse is used as a final resort. The urine test is the easiest one to question and reject, especially if you hired an experienced DUI lawyer.
The easiest way and the most common one to fight against DUI charges is to question the efficiency of the DUI urine test. You can use all the information that I have provided you with, above, even though your lawyer is the right person for the job. A DUI lawyer knows best all the laws and rules, so it is a wise decision to put your life in his/her hands. This does not mean, however, that you cannot openly discuss with him/her and collaborate with him/her to build a strong defense.
It requires experience, knowledge, and skills, in order for someone to correctly analyze a urine sample. You can make a little research and find out if the person or the lab who analyzed your urine sample was properly trained and licensed. If you discover any irregularities, then you are free to question the results’ accuracy in Court.
Not only the people who manage your urine sample can make mistakes. There can be some outdated equipment devices that can alter your DUI urine test. When analyzing your urine, the specialist must pay close attention to what they are doing, as well as work with properly adjusted medical equipment. If this is not the case, then you have another reason to fight the DUI charges in Court.
There are cases in which the DUI urine test tells only if there is any alcohol level in the driver’s urine, without detailing the alcohol’s concentration. This is why, in most DUI charges, police officers also use blood and breathing tests. If you find yourself in a situation in which you have been tested only through urine samples, then you have a higher chance to dismiss the entire case against you, or at least to lower the charges you were accused of.
The most important thing to do, though, is talking to your lawyer and ask for his/her advice. Find a good attorney, one that you can trust and rely on, and start building your defense. It is true that many lawyers have high rates, but if you will be found guilty of the DUI charges, the price you will have to pay is much higher.
All in all, be careful when driving and do not go on the road after you have been drinking. The DUI urine test could not be accurate, however, this does not mean that you will not face serious charges. You can even get jail time, especially if you are involved in an aggravating accident, that involves serious injuries or even deaths. Though, if you already are in such a situation, the wisest thing to do is to talk to a DUI lawyer as soon as possible.