Los Angeles DUI Urine Testing

Los Angeles DUI Attorney

Los Angeles DUI Urine TestingWhen a driver is arrested on suspicion of driving under the influence, he or she will be asked to submit to chemical testing and will be given the option of taking either a breath test or a blood test. Previously, drivers were permitted to submit to urine testing and some states still offer this as a form of chemical testing. However, urine testing is highly inaccurate and California has significantly limited when urine testing can be used. Under the law, urine samples can only be taken from defendants when they are suspected of driving under the influence of drugs in violation of California Vehicle Code Section 23152(f) VC or driving under the combined influence of alcohol and drugs pursuant to California Vehicle Code Section 23152(f) VC and where the breath or blood test is otherwise unavailable.

Urine tests are considered to be the least reliable form of chemical testing available and as a result are rarely used by law enforcement agencies. Title 17 of the California Code of Regulations has set strict protocols that must be followed regarding how a urine sample is collected, stored and analyzed. Under Title 17, a person taking a urine test must first void his or her bladder. The official urine sample must be collected at least 20 minutes later. If the sample is collected earlier or if the test subject is not permitted to first void his or her bladder, the resulting test results would be subject to challenge.

Under Title 17, the test subject must be allowed sufficient privacy but law enforcement must take measures to ensure that the sample is not doctored or comes from another source. Testing urine samples for alcohol can often lead to highly inaccurate results. Alcohol is typically found in higher concentrations in a person’s urine than in his or her blood which leads to improperly elevated BAC results in urine tests. In addition, a person’s bladder can collect and store alcohol that has been excreted by the body and no longer has an impairing effect. As a result, the urine test is widely considered to be unreliable in regards to measuring blood alcohol concentration.

Even when testing for drug intoxication, a urine test is also considered highly unreliable because the test cannot determine when a person actually used drugs. Urine tests can detect drug metabolites which are inactive traces of substances that had previously been taken. It is not unusual for certain metabolites to remain in a person’s urine sample long after any intoxicating effect of the drug has worn off. This is especially true for marijuana and a person can have a positive urine test days after using marijuana.

The unreliability of urine tests have been documented and a study conducted by the National Institute of Drug Abuse has found that 20 percent of laboratories tested reported false positives in urine tests when testing samples that contained no drugs. This is because many chemical compounds can be mistaken for drugs when conducting urine tests. In rare criminal cases that involve urine tests, a defense attorney can challenge the reliability of the tests results on a number of different grounds.

If you have been arrested for DUI and want more information about urine testing, it is imperative that you discuss your case with a Los Angeles DUI Attorney right away. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Attorney Michael Kraut understands the procedures and protocols of the various forms of chemical testing and is highly adept at challenging test results in court and before the DMV.

For more information about Los Angeles DUI urine testing, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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Client Reviews
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.