The urine test is used to detect the presence of controlled substances in the body after a DUI arrest. Although the urine test can test for the presence of controlled substances, it is not an accurate or reliable way of determining a blood alcohol concentration (BAC) level.
Even for controlled substances, the blood test is considered to be much more accurate.
The request for the urine test must be incidental to a lawful arrest and only when the officer has reasonable cause of impairment from a chemical or controlled substance. As a practical matter, it is very difficult for the prosecutor to actually get the urine test results into evidence at trial.
Another problem for the prosecutor in a DUI urine test is that the criminal defense attorney will file a motion to suppress the urine test results when it was obtained without a warrant because of the recent U.S. Supreme Court decision in Birchfield v. North Dakota, 597 U.S. ––––, 136 S.Ct. 2160 (2016).
In many cases, the officer will request the urine test after the results of a DUI suspect’s breath-alcohol test are below the legal limit of .08. That request for a urine test is only allowed, however, if the officer actually has reasonable cause to believe that the driver was impaired by chemical or controlled substances.
The most common substance detected in the urine is THC or a metabolite of THC after the consumption of marijuana. It is also common to find evidence that the driver consumed some prescription medication prior to driving.
To be admissible at trial, the urine test must be relevant and to be relevant the State must show not just the presence of the controlled substance but must also quantify the amount and type of substance found. This is most commonly done by expert testimony.
The urine test is used to detect the presence of controlled substances in the body after a DUI arrest. Although the urine test can test for the presence of controlled substances, it is not an accurate or reliable way of determining a blood alcohol concentration (BAC) level.
Even for controlled substances, the blood test is considered to be much more accurate.
The request for the urine test must be incidental to a lawful arrest and only when the officer has reasonable cause of impairment from a chemical or controlled substance. As a practical matter, it is very difficult for the prosecutor to actually get the urine test results into evidence at trial.
Another problem for the prosecutor in a DUI urine test is that the criminal defense attorney will file a motion to suppress the urine test results when it was obtained without a warrant because of the recent U.S. Supreme Court decision in Birchfield v. North Dakota, 597 U.S. ––––, 136 S.Ct. 2160 (2016).
In many cases, the officer will request the urine test after the results of a DUI suspect’s breath-alcohol test are below the legal limit of .08. That request for a urine test is only allowed, however, if the officer actually has reasonable cause to believe that the driver was impaired by chemical or controlled substances.
The most common substance detected in the urine is THC or a metabolite of THC after the consumption of marijuana. It is also common to find evidence that the driver consumed some prescription medication prior to driving.
To be admissible at trial, the urine test must be relevant and to be relevant the State must show not just the presence of the controlled substance but must also quantify the amount and type of substance found. This is most commonly done by expert testimony.
