Urine Testing

Ohio DUI/OVI Charges Based Upon Urine Testing

If an Ohio Police Officer, Sheriff’s Deputy or State Highway Patrolman suspects a driver is impaired, he may ask the driver to submit to a DUI/OVI urine test. Typically, urine tests in DUI/OVI cases are used when the officer believes a suspect is under the influence of a controlled substance, rather than alcohol. DUI Urine testing in Ohio is often utilized as part of a Drug Recognition Evaluation (DRE). When testing for alcohol, if alcohol in the urine is .11 or greater the driver will be charged with a “per se” DUI/OVI violation. If the alcohol concentration is .238 or greater, the driver will be cited for “per se” DUI/OVI “high tier.” In addition, there are “per se” limitations on drugs in the urine, including marihuana (10ng), cocaine (500ng), heroin (2000ng), and many others.

Use and Accuracy of Urine Tests in Ohio DUI/OVI investigations

For a urine test to be administered, a urine sample is collected and stored in a glass container. The urine sample is analyzed using scientific techniques such as gas chromatography and mass spectrometry. The machine conducting the analysis calculates the concentration of alcohol and/or drugs in the urine sample and produces a printed result. The concentration of alcohol or drugs in the urine is not equal to the concentration of alcohol or drugs in the blood; that’s why the limits are different for blood and urine. A weakness in the use of urine testing is that alcohol or drugs typically remain in the urine long after they have disappeared from the blood and no longer affect the person’s ability to drive. In fact, for drugs like marihuana, what is found in the urine is often an inactive metabolite of the drug and not the active drug itself. In the scientific community, urine testing is considered to be far less accurate than blood testing. Since urinalysis is generally considered the least reliable technique for testing blood alcohol content, the best Ohio DUI/OVI lawyers understand how to challenge the results.

Admissibility of Urine Tests in DUI/OVI Cases In Ohio Courts

Despite the inaccuracy of urine tests, Ohio law continues to allow their use in DUI/OVI cases. However, there are limitations: (a) the urine sample must be obtained within three hours of when the suspected DUI driver operated the vehicle; (b) the sample must be analyzed according to methods approved by the Ohio Department of Health; (c) everyone involved in the testing procedure must follow established protocol for collecting, handling, transporting, testing and storing urine samples. While prosecutors are still allowed to use urine tests in Ohio DUI/ OVI cases, they are the least reliable of the three chemical tests (blood/breath/urine) and are no longer used in many states.

Common Mistakes in Ohio DUI/OVI Investigations

No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio DUI/OVI lawyers knows this. Most Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples.  These witnesses are human and they make mistakes. Further, most Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.

Do You Want Award-Winning Ohio DUI/OVI Representation?

There are over 1 million laws in the United States. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.