When you are arrested for DUI in the state of Alabama, you are required to submit to a chemical test or you will lose your driver's license for at least 90 days (for a first refusal). By driving on the streets of Alabama, you give implied consent to being tested for alcohol and failure to submit to a test leads to an automatic administrative license suspension. One such test that may be performed is a urine test.
Although a urine test can be used against you to prove you are driving while on drugs or intoxicated, a urine test is not always accurate and does not always correctly reflect whether you are intoxicated when you are behind the wheel. At the Eversole Law Office, we have helped many clients throughout Jefferson, Madison and Shelby Counties and throughout all of Alabama to raise doubt as to the accuracy of a urine test and to avoid a conviction for DUI. To learn more about how our Birmingham DUI lawyers can help you in your DUI case, contact us today at (866) 831-5292
Alabama DUI Laws and Urine Testing
In the state of Alabama, DUI charges can be brought under code section 32-5A-191 for driving with a BAC of .08 or higher, but also for driving while impaired by any combination of alcohol, drugs or mind-altering substances that render you unable to drive safely. This means that you can be arrested not just for drinking and driving, but also for driving while you are high or stoned.
Urine testing is a common method used to determine if you are impaired or on drugs while you are driving a vehicle. While breath tests may be a simple method of detecting blood alcohol content that are used in the field when DUI is suspected, only blood and urine testing can be used to assess whether you are on drugs at the time of your arrest.
Sometimes, however, there are mistakes made in the collection and testing of urine that can result in inaccurate results or that can raise questions as to whether your urine test accurately revealed your status as intoxicated or impaired. At the Eversole Law Office, we can help to identify when these mistakes occurred and we can use these mistakes to introduce doubt about the accuracy of the urine testing. Because a prosecutor has a burden of demonstrating your guilt in a DUI case beyond a reasonable doubt, if you are able to successfully challenge the urine test, you may be able to get the charges against you dropped or to win a not-guilty verdict in a DUI case.
Some of the mistakes that the Eversole Law Office can help to identify and use to exclude a urine test or introduce doubts as to its veracity include:
- The collection of the urine by an unauthorized person or someone not properly trained in evidence handling.
- A lack of witnesses to the collection of the urine.
- The contamination of the urine sample by putting it into an unclean container or by failing to securely and appropriately cap and seal the sample.
- Incomplete or inaccurate labeling of the container.
- Improper storage of the urine sample such as failure to keep it refrigerated.
- Incorrect or incomplete analysis procedures of the urine sample.
- Lack of confirmatory testing when drugs were present.
- Incorrect documentation of the chain of custody of the urine evidence.
- Lack of proper training or compliance with procedural guidelines at the lab where the urine test was performed.
Urine tests may also be inaccurate in regards to showing the concentration of drugs or alcohol in the blood and sometimes drugs may be present in the urine even though you were not actually on drugs or intoxicated at the time when driving.
At the Eversole Law Office, we have been able to successfully challenge urine tests and other DUI tests for many clients in order to get charges dropped or to win a not-guilty verdict. The sooner we take a case, the sooner we can begin to work with you to build evidence for a DUI defense and to challenge the DUI tests performed. That's why it's important to contact Steven Eversole as soon as you know you'll face DUI charges in Alabama. You can call us toll-free, fill out our confidential online case evaluation form or visit our office in downtown Birmingham.