Florida DUI Urine Test

Although breath tests using a breathalyzer machine are the most common tests used by law enforcement to test a suspected drunk driver’s blood alcohol content, urine tests are also implemented in certain cases. If you are stopped on suspicion of a DUI and the officer suspects that you are under the influence of a substance other than alcohol, he may choose to administer a urine test to determine the substance in your system. It is important to note that urine tests are not always accurate and that you may be able to challenge the result of your test.

Urine Testing Procedure

Urine tests are usually reserved for cases in which law enforcement suspects that a driver is under the influence of marijuana or another controlled substance. A urine test may be administered either at the hospital or a police station. Regardless of the environment, you must be given privacy and the individual administering the test must properly label and store the sample.

Challenging a Urine Test Result

Because urine tests are considered less accurate than a blood or breath tests used in DUI cases, there are ways to challenge the results. Urine tests are designed to measure what has been in your system and are not able to detect whether or not you show signs of impairment as a result of that substance. As a result, even if the results of your urine test are positive for a drug, the prosecution still must prove that you were intoxicated by that drug in order to convict you of a DUI. Your attorney may be able to argue that the results of your test were inaccurate if you were not actually impaired.

Urine tests are further problematic for the prosecution simply because there are numerous issues associated with their accuracy. As a result, your attorney may utilize the help of an expert witness who can testify to the reasons your test was flawed and that your results are therefore inadmissible.