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DUI URINE TEST

DUI URINE TEST

If you were arrested for DUI, and the law enforcement officer requested a urine sample, you should contact an experienced DUI attorney to discuss the facts and circumstances of your case. The urine test is generally considered the least reliable way of testing for alcohol or controlled substances.

Numerous grounds exist for fighting any mention of the urine test at trial, even if the result suggests that the driver has used alcohol or controlled substances, such as marijuana. As a result, a urine test in a DUI case is exceedingly rare.

Urine Testing for DUI Suspects in Pennsylvania

If you have been charged with a DUI in Chester County, and the officer requested a sample of your urine, it is important to contact an attorney who is knowledgeable about Pennsylvania’s DUI laws. Michael J. Skinner of the Skinner Law Firm will hear the particular facts of you case, and make every effort to find defenses or mitigating factors to have your charges reduced or even dismissed. Contact the Skinner Law Firm at (610) 436-1410 today for a consultation.


Three Types of Chemical Testing After a DUI Arrest in Pennsylvania

After a DUI arrest in Pennsylvania, the law enforcement officer may request one of the three following types of chemical tests to determine the presence of alcohol or drugs:

  • The breath test, also known as the breathalyzer;
  • The blood test; or
  • The urine test.

In cases where the officer suspects only drug impairment, due to a lack of the smell or odor of alcohol, the officer may move directly to a blood or urine test.


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Urine Tests are the Least Reliable Form of DUI or Drug Testing

Urine tests are often considered to the least reliable way of testing for alcohol or drugs. Law enforcement officers continue to rely on urine testing because it is cheap and easy to administer. The results of the urine test are often successfully challenged in court because they are often inaccurate, and the urine test is not a reliable method of determining the presence of drug impairment at the time of driving.

Often your criminal defense attorney will retain the services of a forensic toxicologist to testify at pre-trial motions to challenge the admission of the urine test results.


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Testing Standards for the Urine Test in Pennsylvania

In many urine sample cases, the law enforcement officer fails to follow proper procedures in administering the urine test. These procedures including the following minimum requirements:

  • The driver must have enough privacy to maintain his or her dignity while providing the urine sample;
  • A clean cup should be provided for the sample;
  • The urine sample must be properly labeled and stored pending testing at the Pennsylvania Crime Lab; and
  • The driver must have a chance to empty their bladder completely, and then wait 20 minutes before giving the sample.

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Drug DUI (DUID) Urine Test in Pennsylvania

Urine tests are not accurate or reliable ways of testing for drug impairment. The urine tests typically determine only the presence of certain metabolites that are found in controlled substances but cannot actually determine the drugs themselves.

For example, a urine test will not give a clear reading of whether the driver was under the influence of marijuana or cannabis at the time the driving occurred, even when certain marijuana metabolites are present in the urine sample.

Pennsylvania recently enacted a statute for Driving Under the Influence Drugs (DUID), which prohibits a person from driving a vehicle while under the influence of drugs, including marijuana and cannabis metabolites. Under the per se version of this law for DUID, a driver with more than 5 mg/ml of THC is presumed to be guilty of DUID under Pennsylvania law.


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Understanding Urine Testing Weaknesses in Pennsylvania

Contact the Skinner Law Firm at (610) 436-1410 today for a consultation about your DUI if the arresting officer administered a urine test in Chester County, Pennsylvania, and the surrounding counties, including Lancaster County, Delaware County or Montgomery County. Michael J. Skinner is familiar with the inaccuracy of urine tests in DUI cases and will make every effort to find the most desirable outcome for your offense.

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