The police can administer a variety of tests after stopping a motorist for suspicion of drunk driving. Most common tests include field sobriety tests and breathalyzer tests. Drunk driving encompasses more than just operating a vehicle under the influence of alcohol – it also involves the use of controlled substances, such as drugs. Since a breathalyzer test would not be useful, law enforcement officers often use urine tests when testing for illegal substances in cases of driving under the influence of drugs.
However, just because urine testing is frequently used, it does not mean that it is accurate. In fact, one of the main problems with urine testing is that it is highly inaccurate. As such, with the assistance of an experienced New Jersey DWI drug attorney, you may be able to successfully dispute the results of your urine test and avoid a conviction.
Common Problems with Urine Testing
Urine tests are commonly used because they can give insight into an individual’s drug use history. However, even though these tests may be great at doing that, they are not an accurate measure of whether the individual was in fact under the influence of controlled substances at the time of the traffic stop. This is why it is important to utilize a drug recognition expert in DWI drug cases.
Poking Holes In the Prosecution’s Case
Similar to other types of chemical testing in DWI cases, law enforcement personnel must use specific protocols and procedures when conducting a urine test. If they fail to specifically adhere to these protocols and procedures, the results of the urine test could be deemed inadmissible in a court of law.
If the prosecutor is not able to properly and adequately answer the following questions during trial, the result of your urine test may be inadmissible:
- Was the urine sample taken in a lawful manner?
- Was the sample’s chain of custody unbroken and properly documented?
- Were all the machines used for testing properly calibrated and maintained?
- Were the samples handled properly to ensure there was no contamination?
- Was the sample stored properly?
- Was the technician properly trained and certified?
It is important to note that just because you have positively tested for drugs in a urine test, it does not mean that you will automatically face a DWI drug conviction. To increase your chances of successfully avoiding a conviction, it is imperative that you immediately consult with a New Jersey DWI attorney who specifically handles these types of cases.
Call a DWI Drug Attorney in New Jersey
If you or someone you know has been issued DWI drug citation or arrested for driving while under the use of controlled substances in New Jersey, an experienced attorney can help. For more information or to schedule a free consultation with New Jersey DWI drug attorney Dan T. Matrafajlo, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.