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Urine Test

Tests of an alleged offender’s urine are especially rare when compared to breath or even blood tests in operating a vehicle under the influence of alcohol or drugs (OVI) cases because urine tests are the generally considered to be the least reliable of the three methods for determining alcohol content.

Urine tests, however, are remarkably cheaper, which is why they are often a popular choice when an alleged offender is believed to have been driving under the influence (DUI) of a controlled substance (also commonly known as “drugged driving”).

Despite being somewhat more straight-forward when compared to the complexity of blood testing, Ohio state law still establishes numerous requirements of the people performing, handling, and analyzing urine tests. Any oversight or failure to follow proper procedures can lead to a false positive test result or otherwise cause the sample to be inadmissible in court.

OVI Lawyer for Urine Testing in Cincinnati, Ohio

Have you been charged with OVI in Central Ohio because of the results of a urine test? You will want to retain legal counsel as soon as possible to give yourself the best chance at securing the most favorable outcome to your case.

Cincinnati DUI attorney Brian Joslyn defends clients in many surrounding communities in Hamilton County, including Hamilton, Lebanon, Norwood, and Middletown. You can have him review your case by calling (513) 339-6289 today to set up a free initial consultation.


Information Center on Urine Tests in Hamilton County


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How Urine Tests Are Used in Ohio

The purpose of a urine test dictates the specific testing technique that must be used. Ohio Administrative Code § 3701-53-03(A) states that alcohol in urine must be analyzed based on approved techniques or methods using a technique or method that has documented sensitivity, specificity, accuracy, precision, and linearity.

The approved techniques or methods for testing alcohol in urine are gas chromatography and enzyme assays. When it comes to testing urine for controlled substances or metabolites of a controlled substance, Ohio Administrative Code § 3701-53-03(B) states that urine must be analyzed using techniques or methods approved by the director of health as part of the permit process specified in Ohio Administrative Code §§ 3701-53-07 and 3701-53-09.

The approved analytical techniques or methods for testing urine for controlled substances are:

  • Gas chromatography;
  • High performance liquid chromatography;
  • Immunoassay;
  • Mass spectroscopy;
  • Spectroscopy; and
  • Thin-layer chromatography.

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Possible Urine Test Errors in Cincinnati DUI Cases

Urine tests are rarely used as evidence of intoxication in alcohol-related OVI cases because too many factors can produce a false positive. Factors such as the amount of time that passed since the last drink, what other drinks were consumed in addition to alcohol, and the amount of time since the last urination can all affect the accuracy of a urine test for alcohol.

Even in the more common urine tests for controlled substances, several defenses may be raised to challenge the validity of an alleged positive test. A few of the many issues that can arise during the conducting, handling, and analysis of a urine test include, but are not limited to:

  • Analysis techniques or methods not based on procedures published in peer reviewed or juried scientific journal or thoroughly documented by the laboratory;
  • Chain of custody issues;
  • Improperly sealed sample;
  • Improperly stored sample;
  • Lab equipment improperly calibrated;
  • Lab equipment not properly sanitized;
  • Laboratory personnel that obtained sample was not qualified;
  • Lack of a proper permit;
  • No witness to collection of urine specimen; or
  • Sample not collected within three hours of alleged violation.

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Resources for Urine Tests in Ohio

Ohio Administrative Code | Chapter 3701-53 Alcohol Testing — You can review the full text of every rule regarding alcohol testing adopted by agencies throughout Ohio. Topics addresses in these sections include the collection and handling of blood specimens, laboratory requirements, and instrument checks, controls and certifications. You can also find additional information about the required qualifications of personnel, permits for certain personnel, and approved techniques or methods for blood testing.


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Find an OVI Lawyer for Urine Tests in Cincinnati, OH

If you submitted to a urine test when you were arrested for allegedly drunk driving or drugged driving in Central Ohio, make sure you have legal representation. The Joslyn Law Firm represents college students, professionals, and all other types of clients in Cincinnati and many surrounding areas in Hamilton County, Clermont County, Butler County, Franklin County, Clinton County, Warren County, and Greene County.

Brian Joslyn is an experienced Cincinnati criminal defense attorney familiar with chemical testing in DUI cases, having been certified in the operation, diagnostic, verification, and calibration of the BAC Datamaster Breath Alcohol Testing Instruments manufactured by National Patent Analytical Systems, Inc. He will provide a thorough evaluation of your case when you call (513) 339-6289 or submit an online form to schedule a free, confidential consultation.


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