Contesting the Accuracy of Urine Tests in DUI Cases
At the Law Offices of Jeffrey W. Goldblatt Esq., we put the people of the East Brunswick area first. We value our clients, and we fight diligently for them every step of the way. That means strong DUI defense strategies and representation, helping ensure that our justice system is fair.
Many clients have asked us if there are problems with the sobriety tests that law enforcement uses to measure BAC and general intoxication. Let's look into this issue in more detail right now.
About Blood Alcohol Content (BAC)
BAC refers to the amount of alcohol found in your bloodstream. The legal limit is 0.08%. That's generally the equivalent of two or three beers based on your body mass and other factors.
If you are pulled over and suspected of drunk driving, there are different kinds of sobriety tests that may be given in order to assess your BAC. We're focusing on the urine test in this post, but there are also tests that measure BAC through a person's breath and a blood sample.
How the Urine Test to Measure BAC Works
When at the police station, you will be asked to provide a urine sample that can be analyzed in a lab. Technicians will examine the sample determine the amount of alcohol present in the urine in order to assess intoxication level.
Is the urine BAC test accurate?
Not always.
In fact, many experts feel that the urine test may be one of the lest accurate ways to check a driver's BAC. This is why it's important to fight for your legal rights if you feel that the results of a urine BAC test were flawed.
Causes of Potential Urine Test Inaccuracies
Some causes of inaccuracies in a urine test include:
- Problems of Correlation (i.e., the Difference Between Urine and Blood) - The correlation between the alcohol content of your urine is not necessarily the same as the alcohol content in your bloodstream. It's estimated that there is a 1.33 time more alcohol in your urine than there would be in your blood, meaning that results of these tests can be skewed against the truth.
- Problems with When the Sample Was Taken - If you used the bathroom before getting behind the wheel, this can make a major difference with a urine test. If you haven't had a drink or voided your bladder for a few hours, the urine test may show a far higher level of alcohol in your urine. By contrast, if you voided your bladder just before getting behind the wheel with the same scenario in play, your BAC would be much lower. Yes, the simple nature of how the bladder functions can mean a world of difference with results.
- Human Error and Lab Error - A whole host of mistakes can occur while handling, storing, analyzing, and getting the results of a urine test. Technicians may make mistakes, and sometimes just allowing a urine sample to sit for a long time can affect the final results of analysis. All this needs to be considered.
How a DUI Defense Attorney Can Help You
Given the various complexities at play in drunk driving cases, it's important to have a skilled advocate on your side who will fight for you and your legal rights every step of the way. Our team can examine all of the evidence surrounding your case and mount a vigorous legal defense. Going it alone, you may not be able to face the complexities of the system. That's why we're here for you.
Learn More About DUI Defense Matters
If you would like more information about your legal options following a drunk driving charge, be sure to contact our criminal defense and family law firm today. We at the Law Offices of Jeffrey W. Goldblatt Esq. will work with you to help ensure the most beneficial resolution to your case.