Potential Issues with Urine DUI Test

Posted on: 20 March 2020

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If the police suspect you of a DUI, expect a test to confirm your level of intoxication. One of the tests the authorities may subject you to will involve measuring the amount of alcohol in your urine. Below are some of the potential complications with this test.

Urine vs. Blood Alcohol Content

The alcohol content in your body determines your level of intoxication (and hence impairment). More alcohol in your system means higher intoxication.

The level of alcohol in your blood is a good determinant of your level of intoxication. Unfortunately, urine alcohol content does not always reflect your blood alcohol content. Your urine alcohol content fluctuates and can be higher or lower than your blood alcohol content at any time.

Risk of Contamination

The contamination of urine samples is easier than the contamination of blood samples. The authorities have a difficult time proving contamination in urine samples because there is no standard urine for comparison. This is unlike blood, which is easy to test for contamination. The ease of contamination means both prosecutors and defendants can claim the other party contaminated with the sample, and the claim will be difficult to verify. 

Collection Difficulties

Collecting urine from an unwilling person is not easy. First, urination is a private activity. Privacy concerns make it difficult for security personnel to observe DUI suspects urinate. Private collection of urine samples also mean the DUI suspects can contaminate their samples without the knowledge of the police.

Another problem with testing urine for alcohol content is the difficulty of forcing people to urinate. Implied consent laws mean that all motorists are subject to alcohol testing laws. Refusing DUI testing can land you in trouble with the authorities — the government can even suspend your driving license.

Fortunately (for the government), the police can hold you down and draw your blood for testing. The police can also hold your head and test your breathe for alcohol; you can only hold your breath for so long. However, no one can force you to pass urine. A DUI suspect can just claim that they don't feel the urge to urinate, and the authorities can neither confirm nor refute such claims.

You can use the above issues to defend your DUI. Note that the police might have other forms of evidence other than your urine DUI test. Consult DUI attorney services about customizing your defense based on the evidence the police have against you.