Challenging the Urine Test in New Jersey

Just because you’ve been charged with a DWI, doesn’t mean you’ll be convicted of one. The prosecution relies on scientific evidence to prove your intoxication during your arrest, however the procedures used to determine this can be easily challenged in court.

Both blood tests and breath tests are not only inaccurate but are also subject to procedural and mechanical errors that result in evidence inadmissible in court. Urine tests are no exception, proving to be the least reliable and least accurate in determining intoxication.

If you have been charged with a DWI as a result of a urine test, there are many ways for an experienced DWI attorney to challenge this result in court.

For the urine sample to be a valid piece of evidence in court, it has to be obtained legally and in accordance to proper protocol. Those administering the urine test must:

  • be certified to give the test
  • give the driver privacy
  • give the driver clear instructions waiting 20 minutes and then repeating the test
  • make sure the equipment is functioning properly
  • keep a chain of custody to show who handled the sample
  • make sure the sample is properly stored

If any of the steps of the testing process are done incorrectly or if the sample became contaminated, the urine test could potentially be thrown out as evidence. Unlike breathalyzer tests, you do have the right to refuse the urine test. If you were forced into or were under the impression that you didn’t have a choice, the sample won’t hold up in court.

Urine tests are considered the most unreliable for a variety of reasons. They can only determine that drugs or alcohol were in your system, giving no indication when the substance was consumed. Marijuana, for example, gives an impairing high for about an hour or two but can stay in your system for days at a time. Therefore there is no way to determine that you were impaired while you were driving through a urine test. The urine test can also mistake prescribed or over-the-counter medications for illegal substances, making this test dangerously inaccurate.

With the help from an experienced DWI lawyer, you can make a strong defense case against the urine test and your DWI. Contact the Law Offices of Jef Henninger, Esq. today for a team of aggressive attorneys who stop at nothing to ensure the best possible results for our clients.

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