Urine Tests For DUI Arrests
Our Akron DUI Attorneys know how to attack urine tests in Akron DUI arrests.
Our attorneys are former prosecutors who are experienced in attacking all forms of DUI testing – including urine tests. Urine tests are not incredibly common but they are complicated and you need an attorney that knows what they are doing in defending against them.
A urine test in a DUI is admissible in Ohio only if the police and laboratory followed very specific procedures in testing the urine sample.
Our attorneys as part of defending you will obtain all of the scientific documentation relating to the test: the collection, the transportation, the storage, and the testing. This includes the name of the officer who collected the sample, the name of the person who transported it, the name of the technician who tested it as well as their credentials.
Some of our most commonly used defenses for urine tests are:
- That the sample was not properly collected within three house of the time of the alleged violation;
- The sample was not properly witnessed during collection in accordance with Ohio Administrative Code 3701-53-05 (D);
- Collection: the urine sample was not deposited into a clean plastic or glass screw-top container and not capped according to Ohio Administrative Code 3701-53-05 (D).
- Failure to properly seal the urine container to detect any tampering according to Ohio Administrative Code 3701-53-05 (E).
- Failure to properly label urine container with information required by Ohio Administrative Code 3701-53-05 (E) (1-4).
- Failure to properly refrigerate urine sample while not in transit or under examination according to Ohio Administrative Code 3701-53-05 (F).
- Failure to analyze urine using a method approved under Ohio Administrative Code 3701-53-03 (A1)(A2) for alcohol or (B) (1-6) for drugs.
- Failure to use a method to test for alcohol that has been documented for sensitivity, precision, accuracy, and linearity according to Ohio Administrative Code 3701-53-03 (A).
If you have been charged with a DUI/OVI and you produced a urine sample you need to call one of our Akron DUI Lawyers today. Call us at (330) 752-6706 for your pressure free, no obligation consultation.