Urine Test

Akron DUI Urine Test

Urine tests are normally administered to persons who are believed to be under the influence of drugs and alcohol or drugs alone. The breath test is only able to detect alcohol, thus making the urine tests the second most commonly used test.

Urine tests are only admissible in a court of law if the police and the lab administering the test follow proper procedures.

Our attorneys obtain all pertinent documents regarding the collection and testing of a urine sample. Records received from the prosecutor are reviewed to determine if police personnel complied with the Ohio Administrative Code.

Urine Test Defenses

  • Urine sample was not properly collected within three house of the time of the alleged violation in accordance with division (D) of section 4511.19.
  • Failure of having a proper witness while collecting the urine specimen in accordance with Ohio Administrative Code 3701-53-05 (D).
  • Failure to have the urine sample deposited into a clean plastic or glass screw-top container and not capped according to Ohio Administrative Code 3701-53-05 (D). Any sample not obtained in this fashion is not considered to have been alternatively collected under laboratory guidelines as written in the lab procedure manual according to Ohio Administrative Code 3701-53-05 (D).
  • Failure to properly seal the urine container to detect any tampering according to Ohio Administrative Code 3701-53-05 (E).
  • Failure to properly label urine container with information required by Ohio Administrative Code 3701-53-05 (E) (1-4).
  • Failure to properly refrigerate urine sample while not in transit or under examination according to Ohio Administrative Code 3701-53-05 (F).
  • Failure to analyze urine using a method approved under Ohio Administrative Code 3701-53-03 (A1)(A2) for alcohol or (B) (1-6) for drugs.
  • Failure to use a method to test for alcohol that has been documented for sensitivity, precision, accuracy, and linearity according to Ohio Administrative Code 3701-53-03 (A).
  • Failure to use a method to test for alcohol that is based on procedures published in a journal that has been peer reviewed or thoroughly documented by the specific lab according to Ohio Administrative Code 3701-53-03 (A).
  • Failure to confine the positive results of any presumptive drug test by one or more dissimilar analytical method or technique as part of the procedural testing according to Ohio Administrative Code 3701-53-03 (B).
  • Failure to have similar or improved sensitivity, precision, accuracy, and linearity in confirmatory methods or techniques compared to the original test according to Ohio Administrative Code 3701-53-03 (B).
  • Failure to have confirmatory methods or techniques that conform to procedures published in a journal that has been peer reviewed or thoroughly documented by the specific lab according to Ohio Administrative Code 3701-53-03 (B).
  • Failure of the laboratory performing the urine test to document the chain of custody of the sample or test result according to Ohio Administrative Code 3701-53-06 (A).
  • Failure to properly retain the urine sample used and analyzed by the laboratory in accordance to Ohio Administrative Code 3701-53-05 and 3701-53-06 (A).
  • Failure of the analyzing laboratory to participate in national proficiency testing programs that use qualified techniques or methods for which laboratory technicians sought under permit according to Ohio Administrative Code 3701-53-09 and 3701-53-06 (B).
  • Failure of the performing laboratory to maintain a minimum of one copy of the procedure manual used in performing the urine test under Ohio Administrative Code 3701-53-03.
  • Failure of laboratory technicians to perform the urine test pursuant to the lab’s written procedure according to Ohio Administrative Code 3701-53-06 (C).
  • Failure of laboratory director to verify that procedure copies were maintained with the date when the procedure was first used, revised or discontinued according to Ohio Administrative Code 3701-53-06(D)(2).
  • Failure of laboratory director to keep a copy of the procedure manual for at least three years after the procedure was revised or discontinued, or in compliance with any court orders directing the lab to save a specimen that was analyzed in accordance to Ohio Administrative Code 3701-53-06(D)(3).
  • Failure of laboratory director to ensure lab technicians responsible for analyzing urine specimens were properly trained and experienced to perform testing of urine for drugs and/or alcohol as well as failing to document ongoing certification of lab technicians according to Ohio Administrative Code 3701-53-06(D)(4).
  • Failure of laboratory director to supervise the work of the lab technicians and verify the skill level needed to perform urine testing according to Ohio Administrative Code 3701-53-06(D)(4).
  • Failure of laboratory director to verify that the procedures manual referenced the criteria the lab uses to develop standards, controls and calibrations for each method used in urine testing according to Ohio Administrative Code 3701-53-06(D)(5).
  • Failure of laboratory director to verify that a complete and updated manual was present and followed by lab technicians during the urine testing according to Ohio Administrative Code 3701-53-06(D)(6).
  • Following the replacement of a laboratory director, a failure to designate a replacement director who must review and revise the written manual according to Ohio Administrative Code 3701-53-06(E).
  • Failure of the lab technician analyzing the urine sample to complete the proficiency examination, given by a national program for proficiency testing for the particular techniques or methods used during the urine analysis according to Ohio Administrative Code 3701-53-06(A)(2) for alcohol and Ohio Administrative Code 3701-53-06(B)(2) for drugs of abuse.
  • Failure of the lab technician analyzing the urine to have been certified by the lab director that the lab tech is proficient to perform all procedures in the written manual regarding urine samples according to Ohio Administrative Code 3701-53-06(A)(2).
  • Failure of the lab technician analyzing the urine sample to meet requirements set forth in Ohio Administrative Code 3701-53-06(A)(2)(a-d) for alcohol testing and Ohio Administrative Code 3701-53-06(B)(2)(a-d) for drugs of abuse.
  • Failure of the lab technician analyzing the urine sample to secure the lab director’s permit or his/her own permit from the Director of Health according to Ohio Administrative Code 3701-53-09(A)(1) for alcohol testing and (A)(2) for drug testing.
  • Failure of the lab technician analyzing the urine sample to conduct a technique or procedure listed on the director’s permit, according to Ohio Administrative Code 3701-53-07(A) for alcohol testing and (B) for drug testing.
  • Failure of the lab director to meet qualifications for the director permit according to Ohio Administrative Code 3701-53-07(A)(1) for alcohol testing and (B)(1) for drug testing.
  • Failure of lab director to be subject to surveys according to Ohio Administrative Code 3701-53-06(A)(1).
  • Failure to check the analytical techniques used in the testing phase each testing day for proper calibration under the direction of the lab director according to Ohio Administrative Code 3701-53-04(D).
  • Failure to retain records of service and repairs as well as the results of instrument and calibration checks in accordance with Ohio Administrative Code 3701-53-01.

DUI Case

A Relieved Client

“I went to court thinking I would just get driving privileges and still be under suspension for some time. Rob was able to get the entire ALS suspension waived and most of the court fees waived as well. Was placed under 6 months probation, couldnt have asked for a better outcome. Rob did a phenomenal job. He is very knowledgeable and accessible, and I would recommend him to anyone.”

DUI Case

A Grateful Client

“Rob is very knowledgeable in his area. His expertise and advice were unsurpassed. I not only had extreme confidence in Rob’s ability but was able to put my mind at ease while we went through this process. Rob was able to work with the prosecuting attorney and then get agreement from the Judge to dismiss several charges and plead to a 1st DUI. I cannot express the gratitude I have for Rob. I realize that he is being paid for his service, but his attitude is like none I’ve experienced when dealing with an attorney for this type of matter. He was not judgmental but caring.”