Florida uses urine tests in some DUI cases when drug impairment is suspected. A urine result can show that a substance is present, but it does not necessarily show that the driver was impaired at the time of driving.
When police request a urine sample
Urine testing comes up in a narrower set of cases than breath testing. It is used when drug impairment, rather than alcohol, is suspected. In those cases a breath test on the Intoxilyzer 8000 may not answer the question, because that instrument measures alcohol.
A urine test is often one part of a drug investigation that may also involve a drug recognition officer, known as a DRE, who is trained in a 12 step evaluation. The sample and the evaluation are separate pieces of evidence and are reviewed separately.
Presence is not the same as impairment
The central limit of a urine test is what it measures. A urine result shows the presence of a substance. It does not, on its own, show how much that substance was affecting the driver at the moment of driving, or whether it was affecting the driver at all.
That distinction matters because a drug DUI in Florida is about impairment of normal faculties by a chemical or controlled substance. Some substances can remain detectable after their effects have faded. A positive result and impairment behind the wheel are two different facts, and the second is the one the charge requires.
How the state tries to bridge the gap
Because a urine result does not settle the impairment question, the state usually relies on other evidence as well. That can include the driving pattern, the officer's observations, roadside exercises, video and a DRE's evaluation. The urine result is then presented as consistent with those observations.
The defense looks at each link in that chain. Were the observations recorded accurately? Was the DRE evaluation completed as trained? Is there another explanation for the signs described, such as fatigue, illness or nerves?
Prescription medication and a positive urine result
Prescription medications can show up in urine tests. A valid prescription is not a defense if the driver's normal faculties were impaired. At the same time, a lawful prescription and a positive test do not, without more, establish impairment. The case still turns on evidence about how the driver was actually functioning.
Reviewing how the sample was handled
Urine testing involves collection, labeling, storage and lab analysis, and the records of each step come through discovery. Florida allows depositions of witnesses in criminal cases, which can include people involved in collecting or testing the sample. In misdemeanor cases, which include most first and second DUIs, depositions are more limited and generally need a showing of good cause.
A free case review with DUI Lawyers Shield Firm can include an explanation of what records to expect in a drug DUI case and how a urine result fits with the rest of the evidence.
Keep reading
- Blood Test Defense in Florida DUI Cases
- House Arrest and Community Control in Florida DUI Sentences
- Violating DUI Probation in Florida: What Happens Next
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
Talk to a former prosecutor now.
Confidential case review, available 24 hours a day.