Urine Tests for DUI
If you have been arrested for driving under the influence (DUI) of drugs or alcohol, you will face severe consequences if you are convicted. The state of Illinois takes this crime very seriously, and penalties often include a mandatory license suspension, alcohol abuse treatment, fines, and possibly time spent behind bars. After you have been taken into police custody, the police will ask you to submit to one of several chemical tests to determine your blood alcohol content (BAC). One such test involves providing a urine sample.
Illinois, like every other state, has implied consent laws that you will get your driver’s license suspended if you refuse a BAC test. Urine tests are not commonly used in DUIs involving alcohol since they are more useful in uncovering the presence of drugs in a suspect’s system. If you are being accused of a DUI after you were subjected to a urine test, you should consult with an experienced Chicago DUI attorney. With over 20 years of experience of the criminal justice system, we at O’Meara Law can advise you on how to proceed.
To learn more, call us today at 312-909-0706 for a free case consultation.
When Urine Tests are Used
While urine tests are occasionally used in DUI cases that involve alcohol, the police tend to use them on people who they suspect are under the influence of drugs. According to the Federal Motor Carrier Safety Administration (FMCSA), urine tests are the least accurate chemical test for determining the amount of alcohol in a person’s body. Most experts agree that the amount of alcohol in a person’s urine is close to 1.5 times higher than their blood alcohol content (BAC).
You may be asked to take a roadside breathalyzer test when you’re pulled over for DUI. However, you won’t be asked to take a urine test until you’re arrested and taken to the police station. If a breathalyzer test and blood test are not options, a police officer may request that you take a urine test.
Procedures for Administering a Urine Test
Urine tests are typically administered after a Drug Recognition Evaluator (DRE) has performed a DRE exam. A DRE is an officer with special training to recognize drug intoxication. If a DRE believes that you are under the influence of drugs, a urinalysis may be ordered to determine if you are and what kind of drugs may be in your system.
Although implied consent laws establish a penalty for not submitting to a urinalysis, you are not required to take it. If you refuse, you may face a mandatory driver’s license suspension regardless of whether you are subsequently convicted of a DUI.
How O’Meara Law Can Help
There are several avenues for defending a DUI case involving a urine test. As with all DUI cases, one of the most effective defenses is challenging the basis for your traffic stop or arrest. If the police lacked reasonable suspicion to pull you over, or later arrested you without having probable cause to believe that you were intoxicated, your DUI charges may be dropped. Alternatively, your lawyer can challenge the reliability of the urine test, or the manner in which it was administered. A mishandled urine sample, or the inherent inaccuracy of the testing method are effective ways of countering the prosecution’s case that you were intoxicated.
Our Chicago DUI lawyers at O’Meara Law are dedicated to helping you avoid the consequences of a DUI conviction. You may be worried about how you will explain the situation to your employer, and how you will provide for your family if you lose your job. We will vigorously defend your case so that you can avoid these worries. Whether you are being accused of driving drunk or under the influence of drugs, our skilled legal team will strive to obtain a positive resolution to your case.
Call O’Meara Law today at 312-909-0706 for your free and confidential case consultation.