Driving Under the Influence of Drugs Urine Test

Each year, thousands of drivers are arrested for driving under the influence of drugs (DUID). Oftentimes, the prosecution’s case against the individual is almost entirely based on evidence such as the arresting officer’s testimony, field sobriety tests, and chemical testing.

Unlike alcohol, drug use cannot be detected through breath tests. As a result, if you an officer suspects you may be under the influence of drugs (including illegal narcotics, as well as prescription and over-the-counter medications), he or she may administer a blood or urine test. Although blood tests are more common, many jurisdictions rely on urinalysis to identify drug use.

If an officer asks you to take a urine test, it is important to know that you are legally obligated to comply with his or her request. This is due to implied consent, which requires all drivers to undergo chemical testing if an officer requests a blood, breath, or urine sample. If you are unaware of this law, you are not alone. However, by accepting a driver’s license, you agreed to follow your state’s implied consent law.

Once you agree to submit a urine sample, the officer will transport you to a nearby location to administer the test. Depending on the state, the test may be conducted at the police station or a nearby medical facility, but it is never to be given at the scene of your arrest. Each state also has specific guidelines regarding how urine samples are administered, transported, and analyzed. Some laws may specify the amount of time that must pass before the urine test can be administered, while others may require drivers to submit multiple urine samples. If officials fail to follow these guidelines, your urine test results will be inadmissible in court.

Although urine tests identify whether drugs are present in a person’s system, they cannot determine when a particular substance was taken. Since many drugs can remain in a person’s system for several days after they are ingested, you may test positive for any drug you have recently used—even if you are sober at the time of the test. In addition, many legal medications can be confused with illegal narcotics. For example, Advil is often detected as marijuana, while Nyquil and other over-the-counter cough syrups can be mistaken for amphetamines or heroin.

If you were recently charged with driving under the influence due to the results of a urine test, it is important to obtain legal representation immediately. As the least accurate drug testing method, urine test results are also highly unreliable. With help from an attorney, you may be able to challenge the results of your urinalysis and avoid a DUID conviction. Contact an experienced criminal defense attorney in your area today to discuss your case.