Urine testing is typically used only when motorists are suspected of driving under the influence of drugs, whether or not alcohol use is suspected. Urine testing is highly inaccurate and the results can be challenged.
Any driver arrested on suspicion of a New Jersey DWI is required to submit to a chemical test of the blood, breath, or urine in order to determine blood alcohol content (BAC) or the presence of drugs. Urine tests are considered the least reliable form of chemical test, and can be effectively challenged in court. A New Jersey DWI attorney at Levow DWI Law who focuses on defending driving while intoxicated cases will aggressively attack the results of a urine test in a New Jersey drunk driving or driving under the influence of drugs (DUID) case.
The first step in challenging a urine test result in a driving under the influence case is to determine whether the test was conducted correctly. Certain protocol must be observed during the administration of a urine test in a New Jersey DWI / DUI case. The driver must be given a certain amount of privacy while still ensuring the accuracy of the sample. Drivers should also be instructed to empty their bladders, wait 20 minutes, and then go again.
Errors are quite common in urine testing because the technician analyzes water and not blood. BAC results in urine tests are usually inflated because the concentration of alcohol in urine is approximately 1.33 times the concentration of alcohol in blood.
In cases where the motorist is suspected of driving under the influence of drugs (DUID), urine tests are equally suspect because it’s impossible to determine when a drug was used. Urine tests show only the presence of metabolites – inactive traces of previously ingested substances – not the actual drugs. For example, a driver who smoked marijuana on Friday might test positive on Tuesday which is many days after the effect of the drug has worn off.
The problems associated with urine testing in drunk driving and DUID cases have been widely documented. The National Institute of Drug Abuse found in a study that 20 percent of labs surveyed had erroneously reported the presence of illegal drugs in drug-free urine samples. Drug screens of urine also tend to confuse similar chemical compounds. Legal, over-the-counter medications have been mistaken for illegal drugs.
Because urine tests are considered to be extremely unreliable in both drunk driving and DUID cases, the results are open to challenge. A New Jersey DWI lawyer at Levow DWI Law who concentrates in defending NJ DWI / DUI and DUID cases is thoroughly versed in the methods available to successfully challenge the results of a urine test, and will incorporate those methods into an aggressive defense strategy.
The New Jersey DWI lawyers at Levow DWI Law have attended numerous seminars on these forensic testing issues. Evan Levow has been a speaker at national and local DUI / DWI seminars on forensic testing.To learn how we can help you, please contact a New Jersey DWI lawyer at Levow DWI Law today. Call us at 877-593-1717 for a free NJ DWI consultation.