Switch to ADA Accessible Theme
Close Menu
Atlanta Criminal Defense Lawyers > Blog > DUI > Can I Get A DUI Urine Test Thrown Out?

Can I Get A DUI Urine Test Thrown Out?


If you are pulled over on suspicion of driving drunk or under the influence of drugs, you may be asked to provide a number of chemical tests. These chemical tests include breath, blood, and urine. Of the three, urine tests are believed to be the least reliable. However, police officers will sometimes request a urine test if they suspect a driver is intoxicated, but their breathalyzer results indicated that no or only a very low level of alcohol was in their system. Police may also request a urine test if they believe the driver is under the influence of drugs, as drugs will not be picked up by a breathalyzer test. In most cases, it’s a last-ditch attempt to charge you with the crime they already suspect you of committing, despite it’s weak evidentiary value. If you have been charged with DUI solely on the basis of a urine test, or in addition to other chemical tests, it’s important for you to know that these results can be challenged.

Urine Tests are Highly Inaccurate

While urine tests may reflect the presence of drugs or alcohol in your system, they do not do so accurately or reliably. For instance, a urine test will not clearly indicate when a substance was ingested, in what quantity, or how long it has been in the individual’s system. A urine test may reveal the presence of a prescription drug in your system that you took once over a week ago and which could have had no effect on your current driving abilities, but it can still be used as a basis to charge you with driving under the influence, as it shows up in your system and can be paired with the police officers’ observations (erratic driving, failed field sobriety test, etc.) in order to meet the threshold for impaired driving. Luckily, these tests can be challenged in court, and often are challenged successfully. A lawyer experienced in criminal defense will be able to argue that these test results are unreliable and will present experts and evidence to demonstrate that everything from a person’s weight and genetic makeup to their height, exercise routine, and diet can affect the rate at which they metabolize certain drugs and that there is simply no scientific way of proving with certainty that the drugs had been ingested in close proximity to the time at which they were driving.

Talk to Hawkins Spizman Trial Lawyers

If you are currently facing DUI charges in Georgia, it’s important that you talk to a DeKalb County DUI lawyer as soon as possible. A DUI conviction can have long-term effects on your education and career prospects, and in many cases a conviction can be avoided by challenging the evidence against you. Contact Hawkins Spizman Trial Lawyers today to schedule your personalized consultation. Serving Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, Sandy Springs, and the greater Georgia area, Hawkins Spizman Trial Lawyers are ready to help you.

Facebook Twitter LinkedIn