DUI Defense Strategies in Urine Testing Cases

Despite the questionable accuracy of urine tests for alcohol and drugs, Ohio DUI/OVI law contains statutes, administrative regulations, and case law that allows for their use. The Ohio Department of Health has developed methods for collecting, handling, transporting, testing and storing urine samples yet they are still notoriously weak. While urine testing is permitted in Ohio DUI/OVI cass, scientists agree that they are the least reliable of the three chemical tests used in DUI/OVI cases and are no longer used in most states. If you have an Ohio DUI case, you should consider talking to a top Ohio DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted of DUI/OVI. An experienced Ohio DUI lawyer may be able to prevent that from happening by using one or more of the following DUI defense strategies.

Ohio Drinking and Driving Defense: Urine Testing for Alcohol and Drugs is Far Less Reliable than Blood Testing

The top Ohio DUI lawyers are aware that alcohol and drugs may remain in the urine long after they disappear from the blood and no longer affect a suspected DUI/OVI driver’s ability to drive. In fact, for analysis of drugs like marijuana, 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. An experienced Ohio DUI lawyer will review every case to see if this DUI defense technique is applicable.

Ohio Drinking and Driving Defense: The Percentage of Alcohol in Urine is Not the Same as the Percentage of Alcohol in Blood

Experienced Ohio DUI lawyers understand that One reason why urine testing is often unreliable is that the percentage of alcohol in the urine is not the same as in a suspected DUI/OVI driver’s blood. Scientists generally agree that the level of alcohol in urine is about 1.33 times the blood alcohol level. However, this number is an average, and an Ohio DUI/OVI driver can argue that this average is inapplicable to him. Some studies have shown that some suspected DUI/OVI drivers have alcohol levels only 50% as high in their urine as in their blood, while other drivers have nearly twice the alcohol content in their urine as in their blood. The best Ohio DUI lawyers will review every case to see if this DUI defense technique is applicable.

Ohio Drinking and Driving Defense: The Percentage of Alcohol in the Urine is Not an Accurate Measurement of the Alcohol in the Blood Because the Content of the Bladder Represents a Continuously Changing Blood Alcohol Content

The best Ohio DUI lawyers know that one of the reasons that urine testing is discredited is the way in which the bladder functions. Urine is stored in the bladder and stays there until the bladder is emptied. Therefore, the content of the bladder is a mixture of continuously changing blood alcohol content. In this way, urine is not reflective of the true amount of alcohol in a suspected DUI/OVI driver that is causing impairment. This fact can work for or against the Ohio driver charged with a DUI/OVI, but it is inaccurate in either scenario.

Hypothetical #1: In this hypothetical scenario, the Ohio DUI/OVI driver stopped drinking alcohol many hours ago. Specifically, four hours before being stopped by police, the driver had four boilermakers in a one-hour period but hasn’t urinated since consuming the drinks. Because all of that alcohol has been collecting in the bladder, the DUI/OVI driver’s urine test results will likely be misleadingly high. That is, the DUI/OVI driver’s bladder may contain a high level of alcohol compared to his actual blood alcohol content. This error will work against the Ohio DUI/OVI driver.

Hypothetical #2: In this hypothetical scenario, the Ohio DUI/OVI driver drank a large quantity of water an hour before being stopped by police. However, just ten minutes before being stopped by police, the DUI/OVI driver consumed four shots of bourbon. In this situation, all of that alcohol very recently consumed will likely take some time to reach the bladder. Further, because of the diluting presence of the water already present, a urinalysis would clearly give a misleadingly low result. This error will work in favor of the Ohio DUI/OVI driver. The top Ohio DUI lawyers will review each case to see if this DUI defense technique is applicable.

Ohio Drinking and Driving Defense: The Driver Had a Valid Prescription for the Drug that Was in His Urine

Top Ohio DUI lawyers are aware that an Ohio driver who possesses a valid prescription for medication and takes the prescription legally can be charged if the police officer, sheriff’s deputy or state highway patrolman believes that the prescription impaired the driver’s ability to drive a vehicle safely. In other words, the suspected Ohio DUI/OVI driver may have had the right to possess and use the drug, but the driver does not have the right to operate a motor vehicle while impaired by the drug. Unfortunately, the use of urinalysis is far from perfect in determining whether the suspected Ohio DUI/OVI driver was impaired by the drug at the same time that he was driving. The best Ohio DUI lawyers will review every case to see if this DUI defense technique applies.

Ohio Drinking and Driving Defense: The Science Behind DUI Urine Testing is Invalid and Does Not Stand Up to Scientific Scrutiny

Good DUI lawyers are aware that the majority of scientific opinions have concluded that urine testing is not accurate to determine blood alcohol content. For example, the National Safety Council subcommittee on alcohol and drugs is composed of forensic scientists from throughout the United States of America. That subcommittee has overwhelmingly concluded that urinalysis is not an appropriate chemical test to use in DUI/OVI cases. Further, the Society of Forensic Toxicologists (SOFT) represents the largest peer organization in forensic toxicology. This group of forensic scientists indicates in its guidelines that urinalysis does not allow an evaluation of the effects of alcohol on human behavior. Ultimately, the scientific community in this country has concluded that alcohol in urine does not correlate to impairment. An experienced Ohio DUI lawyer will review every case to see if this DUI defense technique can be utilized.

Ohio Drinking and Driving Defense: The Urine Testing and Storage Laboratory Did Not Comply with Ohio Law and Administrative Code

The top Ohio DUI lawyers are aware of the following common reasons urine test results are excluded as evidence are as follows:

• The urine sample was not collected within three hours of the alleged DUI/OVI violation
• The collection of the urine specimen was not witnessed by another person
• The urine sample from the DUI was not put into a clean glass or plastic screw top container
• The urine sample from the DUI was not sealed in a manner that would show an act of tampering
• The urine container from the DUI did not contain a label which contained required information
• The urine sample from the DUI/OVI was not kept refrigerated as required
• The urine from the DUI/OVI was not analyzed by an approved method or technique
• The result of a drug test from the DUI/OVI was not confirmed by one or more dissimilar techniques
• The confirmation drug test from thh DUI/OVI was not based on procedures which have been published in a peer reviewed scientific journal
• The lab did not properly document the chain of custody for the urine specimen
• The urine specimen from the DUI/OVI was not stored in accordance with the code
• Lab personnel did not test the urine sample from the DUI pursuant to a written procedural manual
• The lab director did not review, sign, and date the written procedural manual for urine testing
• The lab director did not approve, sign and date changes to the procedural manual for urine testing
• The lab director did not ensure that the lab technicians who analyze the urine were adequately trained and experienced to conduct testing of urine for alcohol and drugs
• The lab director did not monitor work performance and verify skills of lab technicians who test urine
• The procedure manual was not available and followed by lab techs during urinalysis from the DUI
• The lab technician who analyzed the urine from the DUI/OVI was not properly qualified in Ohio
• The person analyzing the urine sample did not have the proper Ohio permits for alcohol and drug testing
• The analytical techniques used in testing the urine specimen were not properly calibrated
• The calibration and repair records of equipment at the Ohio lab were not retained pursuant to administrative code

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.