It’s common knowledge that law enforcement uses breathalyzer tests to determine blood alcohol concentration (BAC). What most don’t know is that police officers will also utilize urine testing if it’s needed. Officers will often use urine testing if a breathalyzer test yielded an unwanted result and they suspect you are under the influence of a controlled substance.
It’s crucial you understand that urine analysis isn’t a foolproof test. Issues could arise from both lab technicians and other personnel which could skew results. These can include poorly stored samples, contaminated samples, samples that are too diluted and the fact that metabolites of some drugs can remain in your system for days. With so many problems, it’s important you don’t trust a DUI urine test at face value if it was used to charge you with DUI.
If you or someone you know has been charged with DUI, then it’s within your best interest to gain experienced legal representation.
DUI Defense Attorney for Urine Analysis in Martin County, FL
Having a DUI conviction on your criminal record can drastically hinder your personal and professional goals. You could have issues obtaining employment, housing, loan or educational opportunities. Not to mention how having a prior DUI conviction will affect your insurance rates. For these reasons and more, we advise you to call the attorneys at Meltzer & Bell.
The attorneys at Meltzer & Bell have both prosecutorial experience and years of extensive DUI law practice under their belt. We can provide a unique perspective of both sides when we represent your case, which could give you an advantage in court. Call us now at (772) 248-1215 to set up your first consultation for free. Meltzer & Bell accepts clients throughout the greater Port St. Lucie area including surrounding areas such as Saint Lucie, Fort Pierce, Lakewood Park, Palm City, Stuart and Indiantown.
Overview of DUI Urine Testing in FL
Is DUI Urine Testing Accurate?
In some cases, an officer may ask you to undergo urine analysis. Law enforcement will typically ask you to submit to urine testing if they believe you are under the influence of a controlled substance. The reason for this is because breathalyzers will not pick up a BAC reading when it’s in regards to drugs. However, urine testing has its own set of issues even when regards to testing if a person is impaired by a controlled substance.
Urinalysis detects substances within your system based on their terpenes they leave behind. Although this will accurately show if you consumed a controlled substance, it doesn’t show an accurate time frame of when. Certain drug terpenes will remain in a person’s system for days and in some cases even weeks. That means law enforcement might assume you are under the influence of a drug you took days or weeks ago.
Listed below are some detection times for common controlled substances.
|Type of Drug:||Detection Time|
|Lysergic Acid Diethylamide (LSD)||One day|
|MDMA, Ecstasy, or Molly||Two days|
|Moderate Marijuana Use||Five Days|
|Phencyclidine (PCP||Eight days|
|Marijuana Daily Use||10 days|
|Marijuana Chronic Use||30 days|
Certain drugs having terpenes with extended detection times isn’t the only factor that could yield skewed results. Human errors made by lab staff or law enforcement can also lead to false positive results including, but not limited to:
- Diluted samples;
- Issues with sealing the sample;
- Sample isn’t stored properly;
- Contaminated samples;
- Badly read results;
- Expired testing kits;
- Faulty testing kits; and
- Tampering with samples
What Happens If You Refuse DUI Urine Testing?
It’s a difficult but important decision you must make during a traffic stop if the officer asks you to undergo urinalysis. Although it might seem overwhelming to tell a police officer no, you do reserve the right to refuse chemical or field sobriety tests for DUI. However, if you do so it’s important to understand that you are violating implied consent laws.
Implied consent laws establish that anyone driving on Florida public roads is implicitly agreeing to submitting to a blood, breath or urine for law enforcement if you’re under suspicion of DUI. A refusal will mean an automatic administrative license suspension for up to one year. If this is your second refusal, then your suspension term will be extended to 18 months.
It’s important to understand that if you submit and fail a chemical DUI test then it will give the prosecution scientific concrete evidence of your intoxication. It will be much easier for them to reinforce their case and sway the jury that you were driving under the influence. Fighting a license suspension is much easier than DUI charges and if the prosecution has no evidence of your intoxication you are much more likely to have your charges reduced or dismissed.
Florida DUI and Suspension Laws – Visit the official website for the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to read their driving under the influence section. Learn the penalties for a DUI such as fines, impoundment, DUI school, community service, ignition interlock devices, imprisonment, and conditions of release.
Urine Drug Testing: Approaches to Screening and Confirmation Testing – View a 2004 report by the Laboratory Medicine journal to learn more about urinalysis issues in regards to DUI. The report outlines the flaws with drug testing and more information on extended detected times for certain controlled substances.
Stuart Defense Lawyer for DUI Urine Test in Florida
If you have been arrested for DUI, you have no time to be idle. It’s important you have legal representation secured as soon as possible. One great option is to contact the skilled and practiced criminal defense attorneys at Meltzer & Bell. We understand the full scope of DUI law as well as the scientific avenues that go alongside it. With our guidance, you will have the knowledge and resources needed to fight your charges.
Call us at (772) 248-1215 and we can set up your first appointment with an Meltzer & Bell free. At the consultation will discuss your charges as well as your legal options in further detail. Meltzer & Bell represents clients throughout the greater Martin County and St. Lucie County area.