Urine Tests Should Not Be Used To Determine Alcohol Level for DWI or DUI
Last week I was representing a client at trial for his second DWI. Instead of going to trial, the prosecutor agreed to dismiss all DWI charges.
Why?
The police did not give him a breath test (probably because we’ve all but shut down Minnesota’s Intoxilyzer 5000 after exposing its broken source code). Police did not give him a blood test (some officers believe it is too costly and inconvenient). Instead, they had my client submit a sample of his urine for testing.
The Scientific Community Agrees: Urine Tests do not validly or reliably determine a person’s alcohol concentration. Despite this,
I have been successful getting judges to throw out urine test results. I’ve posted the court orders in the Carroll case and Westlund case. I’ve also prevailed in trial where a jury agreed urine tests are worthless. Prosecutors are well aware of my firm’s victories. Indeed, I’ve had much greater success in this area than any other attorney in
If the State of
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In Pennsylvania, urine is not even authorized under the DUI statute. Not only is it well recognized as being unsuitable for its intended purpose, the medical community does not use first void urine to test anything. At best a urine test is like a history lesson of analytes that MAY have been in the body at some unknown point in time.
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-Justin J. McShane, Esquire, Harrisburg DUI Lawyer