DUI Urine Test




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DUI Urine Test

 DUI URINE TEST

You're arrested for DUI.  You take a breath test.  You "blow" below the legal limit of 0.08.  Whew - you breathe a sigh of relief.

Not so fast.

Jacksonville law enforcement officers typically request drivers suspected of DUI to provide a urine sample when the results of a breath test read below the legal limit of 0.08.  Drivers suspected of DUI may "pass" breath tests, which only test for breath-alcohol content, but when officers still suspect impairment due to drug use, a urine test is conducted.

What Drugs Do Urine Tests Detect?

Urine tests detect traces of street narcotics as well as commonly-used over-the-counter and prescription drugs including:

  • Illegal street narcotics, such as marijuana, cocaine and heroin

  • Common cold medicines containing Amphetamines, such as Nyquil or Sudafed

  • Prescription pain medications, such as Vicodin, Oxycodone and Xanax (Alprazolam)

While urine tests detect traces of all of the above drugs, in addition to hundreds of other legal and illegal substances, urine tests cannot accurately detect the time period that each drug was consumed.  Law enforcement officers throughout Florida use three types of tests when investigating DUI cases:  breath, blood and urine tests.  The urine test is widely considered the most inaccurate.  Musca Law DUI defense attorneys successfully fight the use of DUI urine tests in Jacksonville and throughout Florida.  Armed with the expert testimony of highly-trained toxicologists, our team of experienced DUI defense attorneys works to exclude any mention of urine test results at trial.  Without the results of the urine test, Jacksonville prosecutors are frequently left without enough evidence to prove the crime of DUI.

DUI Urine Test Problems and Defenses

The urine test is often considered the least reliable form of testing in DUI cases because it is subject to many factual and legal pitfalls.

  1. Many drugs appear in urine test results for up to 30 days after use.  Urine tests cannot pinpoint the time of drug use.

  2. Urine test results prove prior drug use - not drug use in the time period prior to operating a vehicle.

  3. Urine tests are subject to human error.  The State Attorney's Office (prosecutors) must prove that the urine sample is properly administered, stored and transported.

  4. Urine tests cannot accurately measure alcohol content.

  5. Urine tests are unduly prejudicial because positive results label the Defendant as a "drug user."

Musca Law DUI defense attorneys understand the limitations of urine tests in DUI cases.  In addition to inaccuracy in time and amount of drug use, many legal, over-the-counter drugs create positive results for illegal street drugs.  For example, cold medicines may result in a positive finding for the detection of an illegal amphetamine.  With the knowledge of the scientific constraints of urine test results in DUI cases, Musca Law attorneys are prepared to protect your rights.

Hire an Experienced Florida DUI Attorney

An experienced DUI Lawyer Jacksonville FL will critically investigate the urine test results in your case and provide you with the best chance of reducing your charges or completely avoiding a DUI conviction.  For more information on DUI urine test cases in Florida, or if you were arrested for DUI, please schedule a free, confidential consultation with an experienced Musca Law criminal defense attorney.  Contact Musca Law 24/7 by calling 1-800-MUSCA-LAW (1-800-687-2252).

 

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