Ohio’s DUI / OVI law makes it illegal to operate a vehicle with a prohibited level of alcohol or drugs in your urine. If a law enforcement official believes your alcohol or drug level is over the limit or is impairing your ability to drive, the officer may request that you take a urine test. Urine testing is commonly used as part of a Drug Recognition Evaluation (DRE). If the alcohol content is at or above .11 (but under .238), you will be cited for DUI / OVI ‘per se’. If the alcohol concentration is at or above .238, you will be cited for DUI / OVI ‘per se, high test’. There are also limits for various drugs, and the offenses have different mandatory penalties.
Ohio DUI / OVI urine testing and many related issues are discussed in the guide, ‘Ohio DUI / OVI Guide‘. That guide is available in bookstores, and the e-book is available for free on this website: just fill-out the form on the right side of the screen to download the e-book.
Shawn Dominy is trained in urine testing. The method for testing urine in Ohio DUI / OVI cases is gas chromatography. Shawn Dominy is one of few attorneys in Ohio who have completed the course in forensic gas chromatography presented by the American Chemical Society.
For a urine test to be administered, a urine sample is collected and stored in a glass container. The urine sample is later analyzed using scientific techniques such as gas chromatography and mass spectrometry. The machine conducting the analysis calculates the concentration of alcohol and/or drugs in the urine sample and produces a printed result. The concentration of alcohol or drugs in the urine is not equal to the concentration of alcohol or drugs in the blood; that’s why the limits are different for blood and urine.
A problem with urine testing is the alcohol or drugs may remain in the urine long after they have disappeared from the blood and are no longer affecting your ability to drive. In fact, for analysis of drugs like marijuana, what is found in the urine is an inactive metabolite of the drug (in this case, THC) and not the drug itself or even an active metabolite of the drug. In the scientific community, urine testing is considered to be far less accurate than blood testing. In fact, Ohio is one of a few states which still use urine testing in DUI / OVI cases.
Despite the questionable accuracy of urine tests, Ohio has statutes, administrative regulations, and case law supporting the use of urine tests in DUI/OVI cases. The statutes say, in summary, that a urine test is admissible if the urine sample is obtained within three hours of operating the vehicle and is analyzed according to methods approved by the Ohio Department of Health. The Department of Health developed methods for collecting, handling, transporting, testing and storing urine samples. Case law in Ohio supports the use of urine tests in DUI / OVI cases, despite the fact they are the least reliable of the three common tests (blood/breath/urine) and are no longer used in most states. If you refuse a urine test, despite its questionable accuracy, you will be subjected to an Administrative License Suspension.
A good DUI / OVI lawyer may improve the outcome of a case involving a urine test. One strategy is to file a motion to suppress the results of the urine test for lack of compliance with the Department of Health regulations. If the laboratory records and testimony by laboratory personnel do not prove the test was administered in compliance with the Department of Health regulations, the urine test result may be suppressed. If the urine test is not suppressed, the second strategy is to demonstrate the urine test did not accurately reflect the concentration of alcohol or drugs in the client’s blood (as measured by urine) and/or the urine test results do not prove the client’s driving ability was impaired by the substance in the urine.
The Dominy Law Firm has expertise in urine testing, and our lawyers have represented many clients charged with DUI / OVI based on urine tests. For more information about the Dominy Law Firm, please see the ‘About Us’ page. You can also see what clients say and review past case results.
We limit the number of clients we represent so we can provide personal service to our clients. If you would like to discuss how we can help with your DUI / OVI case, EMAIL US or call 614-717-1177 to arrange a free consultation.