In Colorado, a urine test is only used in cases where a driver is suspected of driving under the influence of drugs (DUID) such as marijuana, narcotics, or even prescription medication. In fact, many people are surprised to learn the over the courter medication such as Nyquil or Benadryl may result in a charge of driving under the influence of drugs.
Urine tests are not used to prove a driver was under the influence of alcohol. One reason urine tests are not used to test for alcohol is that a urine test is among the least reliable tests for alcohol. In addition, testing urine is time consuming and distasteful. Thus, it is only used when the police suspect a driver has consumed drugs.
In cases where the driver is charged with driving under the influence of drugs, the prosecution must prove that the some drug was in the defendant’s system and that the drug substantially impaired the defendant’s ability to drive. Unlike alcohol, the prosecution does not need to prove that there was a specific amount of a drug in the defendant’s system – that is, there is no “legal limit” for drugs. As a result, in many cases the government will only test for the presence of a drug and not the amount present in a person’s system. Fortunately, as with blood, a defendant may be able to re-test the urine to determine the amount. If a small amount of drugs is found in an individual’s system that may rebut the prosecution’s argument that the drugs caused impairment.
Most officers are not trained to test a driver for the presence of drugs. Thus, in many cases, when a driver is suspected of being under the influence of drugs, the police will call a drug recognition expert (DRE) to the scene to assist in the investigation. A DRE is specifically trained to look for symptoms of impairment consistent with drug use and may testify at trial about what he/she observed.
As with any chemical test, the scientific principles underlying a urine analysis are complicated and the tests are prone to error. Therefore, it is important to consult with a skilled and knowledgeable DUI attorney before going in to court.
