Urine tests are not required any longer when the police believe that a person was driving under the influence of alcohol and can not safely operate a motor vehicle. For those of use old enough to have practiced back when these tests where required, I can remember some of the controversies surrounding urine tests and a client’s ability to give urine at the time of their arrest.
Today, the police are not required to use urine tests as it relates to alcohol related DUI’s in Los Angeles because the accuracy of these tests as they related to detecting alcohol in the system is questionable. The two main recognized tests for alcohol detection are the blood and breath tests. Law enforcement must give one of these tests if they suspect a person of being under the influence of alcohol. The most accurate of these two tests is the blood test, but both are subject to attack under the right circumstances.
Urine tests however can be utilized in order to test whether a person has some sort of a drug in their system and can not safely operate a motor vehicle. The police will also call in a drug recognition expert to perform a number of tests designed to determine if a person is under the influence of a drug that affected their ability to safely operate a motor vehicle.
The key thing that they have to prove is that the person was under the influence of the drug at the time of the subject driving. This becomes difficult to prove because it is hard to determine when the person ingested the drug and how potent it was at the time of driving.
In addition to the urine test itself, the authorities will evaluate how the person was driving (were they swerving or driving recklessly), how their speech was (were they slurring their words or talking normally), how their balance was when they performed the field sobriety tests (did they sway or stagger or could they walk normally), whether they were cooperative with the police when they were pulled over and a whole host of other facts including their performance on all of the field sobriety tests.
If you have been arrested for a DUI in Los Angeles I encourage you to come and go over the circumstances of your particular case. It is difficult to address every possible circumstance related to a DUI case in this website. But once you are in front of me I can gather the information related to you and really give you a feel for what you are facing.
It is my experience that once a person knows what they are up against and what they can do to help, a sense of calm and peace comes over them and they realize that the DUI is not the end of the world and that there is a light at the end of the tunnel.