Breath vs Urine test
I was stopped for a DUI and barely failed the field sobriety test. I was not told this field test was voluntary and neither was I charged with any moving violations. I was taken to the police station and was given 2 breath tests. I scored 0.000 in both tests. Then I was given a urine test which has not come back yet.
My question is, what test is more valid and what if one test conflicts with the other?
2 Answers from Attorneys
Re: Breath vs Urine test
The breath test is used to determine your blood alcohol content. The urine test is for detection of drugs. The statute does not authorize the urine test for the detection of alcohol, and I do not believe that it is useful for that purpose since the alcohol is metabolized and not excreted in urine. In any case, if the state pursues the charges, you need to contact a lawyer. By the way, you did not "fail" the field sobriety "test." It is a series of tasks without demonstrated scientific validity, and the officer at trial can only describe your actions, not characterize your actions as "passed" or "failed." Don't tell people you failed.
Dan
Re: Breath vs Urine test
I should have mentioned in the prior message that if the officer administratively suspended your license, you need to contact an attorney immediately. You have only 10 days to contest the suspension, and your license will remain suspended for 6 months if you do not contest it. If he didn't give it back to you, you should consider it administratively suspended.
Dan
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