Urine Test
Most people associate drinking and driving arrests with breathalyzers. However, officers can also measure your blood alcohol concentration using urine analysis. Law enforcement often use urinalysis to identify those driving under the influence of drugs (DUID). It’s also used as a last resort if a breathalyzer test doesn’t result in a positive.
Urinalysis isn’t a foolproof test. Lab technicians and other personnel could make results which lead to skewed results. In addition, if you have used a controlled substance recently then the rest could be positive even if you used the substance days ago. This is because drug’s metabolites can remain in your system for days.
If you or someone you know has refused or submitted to a urine test, then it’s important you seek an experienced criminal defense attorney.
DUI Attorney for Urine Tests in Palm Beach County, FL
Have you been arrested because of a urine test? If so, it’s important you gain legal counsel. Urine tests can be discredited if you have an experienced enough attorney. To find that defense lawyer call Meltzer & Bell, P.A..
Our attorneys have been practicing DUI law in Florida’s courts for years. Call us now at (561) 557-8686 to learn more about our practice in detail. Meltzer & Bell, P.A. represents people throughout the greater Palm Beach County area including Jupiter, Boca Raton, and West Palm Beach.
Overview of DUI Urine Test in Florida
Issues with DUI Urine Analysis in Florida
Law enforcement may use urine analysis, but unfortunately it isn’t flawless. Urinalysis can detect substances that was consumed days or even weeks ago. Therefore, it can be very difficult to obtain an uncontaminated sample. The skewed results could even reinforce the prosecution’s case even if you haven’t consumed drugs or alcohol in days.
Controlled substances can stay in your system long after you ingested them. Listed below are some detection times for common controlled substances.
| Type of Drug: | Detection Time |
| Cocaine | One day |
| Lysergic Acid Diethylamide (LSD) | One day |
| MDMA, Ecstasy, or Molly | Two days |
| Ketamine | Two days |
| Codeine | Three Days |
| Amphetamine | Three Days |
| Hydrocodone | Three Days |
| Fentanyl | Three Days |
| Methamphetamine | Three Days |
| Oxycodone | Three Days |
| Morphine | Three Days |
| Flunitrazepam | Five Days |
| Moderate Marijuana Use | Five Days |
| Methadone | Seven Days |
| Phencyclidine (PCP | Eight days |
| Diazepam | 10 days |
| Marijuana Daily Use | 10 days |
| Marijuana Chronic Use | 30 days |
Detection times aren’t the only factor that can skew test results. Human error made by lab technicians or law enforcement can also lead to false positives such as:
- Sample isn’t stored properly;
- Diluted samples;
- Issues with sealing the sample; or
- Tampering with samples;
- Contaminated samples;
- Badly read results;
- Expired testing kits; and
- Faulty testing kits
Should I Refuse Urine Analysis for a DUI Stop in Florida?
You’re probably wondering whether you should submit or refuse whenever an officer asks for a urine sample. The answer is up to you, but it’s important you understand the facts. Refusing urine testing means you’re less likely to be charged with DUI, but it comes with its own consequences because of implied consent laws.
Implied consent laws state you must submit to chemical DUI testing by law enforcement if you are using public roads in Florida. Refusing to submit to DUI testing will lead to an administrative license suspension for up to one year. A second refusal could mean an 18-month suspension. Thankfully, you can fight this by filing a request for a hearing within 15 days of receiving your suspension term. At the hearing you can contest why you should retain your license.
It’s important to note that if you submit and fail to a chemical DUI test then it will reinforce the prosecution’s case. They will now have concrete evidence that shows you are inebriated. The consequences for a DUI conviction include:
- Up to six months in jail;
- A possible fine between $500 and $1,000;
- Up to 12 months of probation;
- Possible impoundment of motor vehicle for up to 10 days;
- Participation in DUI School;
- Possible requirement of an ignition interlock device.
In addition, your license could still be suspended. Submitting and failing a DUI test can lead to a 6-month suspension term.
Additional Resources
Florida DUI and Suspension Laws – Visit the official website for the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and find more information about administrative penalties for a DUI. Learn the penalties for a DUI such as fines, impoundment, imprisonment and conditions of release.
Urine Drug Testing: Approaches to Screening and Confirmation Testing – View a 2004 report by the Laboratory Medicine journal to learn more about urinalysis issues. The report outlines the disadvantages of drug testing and how long controlled substances can stay in your system.
Defense Lawyer for DUI Urine Test in West Palm Beach, FL
If you or someone you know has been arrested for DUI, then it’s crucial you obtain legal representation. To find a skilled and resourceful attorney, call Meltzer & Bell, P.A.. Our defense lawyers understand the full scope of DUI law and what legal avenues you can take to reduce or dismiss your charges entirely.
Call us now at (561) 557-8686 to set up your first consultation. Our attorneys will sit with you at any time and discuss your charges in further detail. We represent people throughout the Palm Beach County area including Boca Raton, Delray Beach, Wellington and Jupiter.