How Alcohol Analysis is Used as DUI Defense

Often alcohol urinalyses are the key to a DUI charge and a prosecution's case. However, sometimes ones of these analyses can be used against the prosecution and brought as a defense to a DUI charge. Below you will find information regarding how alcohol analysis is used as a DUI defense.

Alcohol Analysis

In all states across the country the legal limit for drinking and driving is .08, this means that if you are caught with more alcohol in your system than this number you will be charged with a DUI. DUIs can have serious penalties due to the danger they place the public in. After probable cause to stop a suspect, there are many ways in which law enforcement measures the blood alcohol content (BAC) of a suspected offender. These include a breathalyzer, where the suspect blows into an instrument which will measure the amount of alcohol. This is a popular method to use at the scene and sometimes a back up is done once at the station, for instance a blood analysis. Blood is drawn from the suspect and the alcohol content measured. There is also a urinalysis, where the suspect is ordered to urinate in a cup, and once again the alcohol content measured.

Alcohol Urinalysis

As stated above, a urinalysis is when the alcohol content is measured from the suspect’s urine. This is the least popular and least reliable of the three types of tests. The first reason for the unpopularity is the time it takes to do this type of test. Sometimes an officer will have to take the suspect to a hospital for the test, which can take time and costs more money for the city. Also most officers do not want to do this type of test due to the nature of obtaining the sample. There are also a number of studies done which show that a urinalysis is not a reliable test for alcohol concentration.

Urinalysis Used as a Defense

As stated above a urinalysis is the least reliable. This can work to your advantage when being prosecuted. Another defense is also a climbing alcohol rate. Sometimes when an individual is taken into custody their BAC is not as high as when they are tested. As stated above being taken to the hospital and having a urinalysis is a lengthy process and often during this time the BAC climbs.

Legal Help

If you are being charged due to an alcohol urinalysis it is important to contact a qualified attorney for assistance. An attorney will be able to provide yo with the best defense possible for your case.