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Urine Tests in a California DUI

 

When a person is arrested for driving under the influence of alcohol or drugs, the police will conduct a chemical test to determine the driver's blood alcohol content (BAC). The three chemical tests used are breath, blood, and urine testing.  Urine tests are generally only given as an option to those who are suspected of drunk driving when neither the breath nor blood test is available.  The urine test is, however, an option available to the individual who is arrested for driving under the influence of drugs or driving under the influence of alcohol and drugs. 

 

Urine tests have been legally challenged for years as they have a wide array of problems associated with them.  They are considered the least reliable of the three types of BAC chemical tests used by the police.  Even though urine tests are scientifically based, they are prone to human error and in administering such tests, strict procedures must be followed.  Routinely, police and technicians fail to follow proper procedures, making the test results easily challengeable by California DUI/DUID attorneys.  Furthermore, urine test results typically offer higher BAC levels due to having water levels tested rather than direct blood levels.  Generally, the urine test results offer these higher readings because the alcohol has been in "water" over a long period of time compared to actual blood test levels.  The concentration of alcohol in urine is about 1.33 times more than the alcohol concentration in blood. 

As for utilizing urine tests to determine drug impairment, it should be noted that these tests cannot detect when a drug was used, but the "metabolites" only of previously ingested substances.  For instance, one who smokes marijuana four days before being pulled over may in fact test positive at the time the urine test is administered; however, he or she in fact, may not have been under the influence of drugs while "driving."  Additionally, a survey conducted by the National Institute of Drug Abuse found that 20% of labs surveyed mistakenly reported inaccurate drug detection results in drug-free urine samples.  It should also be noted that many over-the-counter drugs and prescribed drugs such as Vicks Formula 44-M, Advil, Nyquil, and codeine have been known to produce positive chemical test results.  The bottom line is that urine tests are a highly ineffective means of truly determining driver impairment and should be challenged by California drunk driving defense attorneys.

 

How Urine Tests are Conducted

The California Vehicle Code Section 23158 states:  "If the test given under Section 23612 is a chemical test of urine, the person tested shall be given such privacy in the taking of the urine specimen as will ensure the accuracy of the specimen and, at the same time, maintain the dignity of the individual involved."  When a urine test is administered, the individual is advised to void the bladder first and then wait 20 minutes before going again and obtaining a sample. 
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