What is the Implication of a Urine Test in a
DUI Case? Many times an officer concludes that a driver is impaired by drugs
rather than alcohol. Florida law makes it illegal to drive a car while
under the influence of a controlled substance listed under F.S. 893 or
a chemical substance set forth in F.S. 877.111. If after arrest, an officer
has reasonable cause to believe that the driver is under the influence
of a controlled or chemical substance, the officer can request a urine
sample. It is important to understand that while many controlled substances
are prescribed, this is not a defense to the crime of driving under the
influence. The following article discusses some of the issues that pertain
to urine testing as it relates to an arrest for
DUI in Florida. First, before an officer can request a urine sample, they are required
to have reasonable cause to believe that the individual is not merely
under the influence, but more specifically that they are under the influence
of a controlled or chemical substance. There are a number of cases that
address the issue of reasonable cause to request a urine sample. Many
of the County Courts in Florida disagree with one another. Most cases
involve a situation where the driver admits to consuming some type of
controlled or chemical substance. Some DUI arrests involve a situation
whereby drugs are actually found in the car. Those are circumstance where
the Courts have found that a request for urine was lawful. On the other
hand, the request for a urine sample simply because the person arrested
was below the legal limit has often held to be unlawful. The general principle
is that a urine test is not admissible until the prosecutor can prove
that the officer had reasonable cause to believe that the person was under
the influence of a controlled or chemical substance.
DUI FOR DRUGS
Second, the type of drug revealed in a urine sample plays a significant
role in the defense of a person charged with DUI. For example, cannabis
can last in a person’s system for approximately one month. Thus,
without an admission by the defendant concerning when they last smoked,
there is nobody who can testify that the person was impaired by the cannabis
on the date of the arrest. Moreover, in a
Florida DUI case, urine results only show whether a drug was positive or negative. Rarely
if ever does a urine test reveal the level of a particular drug in the
urine. Again, this makes it difficult to prove that a person was under
the influence of a particular substance despite its presence in the urine
screen. Ultimately, there are a variety of ways to attack
drug testing as it relates to the charge of driving under the influence. If you have
any questions, please feel free to call
Parks & Braxton at (305) 655-2900.