If you’re perfectly aware that you’ve had too much to drink and are given a choice on which chemical test to take when testing for DWI, then the urine test may be your best bet. In the United States, urine testing is not a favored method used to determine an individual’s blood alcohol content or BAC level. In fact, Minnesota is among only four states that still allow evidence collected through this manner to be introduced and used in a DWI case.
If you were stopped on suspicion for drunk driving, were asked to take a urine test, and then arrested for driving while impaired – would a possible defense exist? The answer is a definite yes. Urine test results may be challenged on one or more grounds depending on the circumstances of your DWI case. Most experts agree that urine testing is the most likely to be considered inadmissible, as it is the least accurate of blood testing, breath testing, and urine testing.
What are some of the problems encountered with urine testing for DWI cases?
How the bladder functions – Minnesota is the only state that accepts test results from the first void of the bladder. Unfortunately, the alcohol you consume can remain in the bladder long after you have already sobered up. Your urine test result, therefore, may not provide a credible approximation of your BAC at the time you were behind the wheel and exhibit results that are deceptively high.
Correlation of the numbers – One of the reasons urine testing is deemed inaccurate is because the percent of alcohol in the urine is not necessarily the same percent of alcohol in the blood. When it comes to estimating BAC, it is commonly assumed by experts that the alcohol concentration found in urine is 1.33 times greater than the alcohol concentration of the blood. The 1.33 figure is an average, however, and it can be argued at trial that this figure did not apply to the particular test performed. The ratio in an individual, after all, can vary from anywhere from 0.8 times to up to 2.0 times.
Human errors – It is very possible for technicians and police officers to make mistakes during the collection, handling, storage, and testing of urine samples. Urine samples are typically analyzed in the same way that blood samples are, and so urine test results are also subject to many of the same laboratory errors. State law dictates how a urine test should be administered. If any one of the strict procedures of the chemical test is not properly followed, then the urine test results may not be admissible at trial.
False readings in DWI drug cases – Urine testing is still commonly used for drug testing versus alcohol testing. In DWI drug cases, a urine test can measure the metabolites or leftover traces of drugs. Nevertheless, these metabolites can remain in your body and appear in the urine even if you are no longer under the influence of the drug.
Consult with an Attorney
If you are required to take a urine test after being arrested for driving while impaired, you should consult with an experienced and knowledgeable Minnesota DWI lawyer as soon as possible.
Source: Why Urine Tests Are the Least Reliable DUI Chemical Test