Attacking Urine Test Results and Procedures
Accuracy and Vulnerability
The urine test is commonly employed to detect the presence of controlled substances in the body following a DUI arrest. However, it’s essential to note that while the urine test can identify these substances, it is not a precise or dependable method for determining an individual’s blood alcohol concentration (BAC) level.
For more accurate results related to controlled substances, the blood test is considered superior. It provides a more reliable assessment of substance presence and concentration.
In practice, the request for a urine test must be incidental to a lawful arrest, and it should only occur when the arresting officer has reasonable cause to suspect impairment due to chemical or controlled substances. Despite its use, it remains challenging for prosecutors to successfully introduce urine test results as evidence during trial proceedings.
In many instances, law enforcement officers will request a urine test following a DUI suspect’s breath-alcohol test when the BAC does not exceed .08. However, the authorization for a urine test is granted only if the officer has reasonable cause to suspect that the driver was impaired due to chemical or controlled substances.
THC, or its metabolite, is the most frequently detected substance in urine after marijuana consumption. Additionally, it is common to find evidence indicating that the driver ingested prescription medication before operating a vehicle.
For the urine test results to be admissible in court, they must not only demonstrate the presence of the substance but also quantify the amount and specify the type of substance detected. Furthermore, expert testimony is necessary to establish that the urine test results indicate impairment at the time of driving.
Urine Test DUI Lawyer for Broward County, Palm Beach County, and Miami-Dade County
At The Law Office of Sean Clayton, PA, our dedicated team of attorneys specializes in providing vigorous defense for DUI cases in Fort Lauderdale, Miami, and West Palm Beach. Our primary objective is to achieve the best possible outcomes for our clients, often resulting in complete dismissal of charges or reduction to the lesser offense of reckless driving.
Additionally, we offer invaluable guidance to our clients throughout the administrative proceedings with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Our advice includes strategic approaches that may enhance their chances of a favorable resolution. Ultimately, our goal is to assist clients in minimizing the long-term consequences associated with a DUI charge.
Following a DUI arrest in Fort Lauderdale or anywhere in South Florida, you will encounter two distinct cases. First, there is the administrative case with the DHSMV, which focuses on the suspension of your driver’s license. The second is the criminal case which unfolds in the courts. Our experienced DUI lawyers handle both types of cases across South Florida and can provide expert guidance on the best course of action for your situation.
We strongly encourage anyone accused of DUI to consult with a DUI attorney early in the process. For assistance in selecting the right attorney, consider reviewing our Tips for Selecting a DUI Attorney.
Warrantless Search or Not?
There has been a question raised about the legality of warrantless urine searches. State v. Riddle, 26 Fla. L. Weekly Supp. 148a (2018). This issue is still in litigation. Though, the most recent rulings support a warrantless search, it is still worth litigating by your DUI lawyer. Suppression of the urinalysis results may ultimately undo the state of Florida's case.