DWI Urine Test

Urine tests are rarely used in Texas driving while intoxicated (DWI) cases unless police officers suspect alleged offenders may be under the influence of controlled substances. In such cases, urinalysis can be considered less invasive and less complicated than blood testing.

Urine tests, however, are generally viewed as being the least reliable of the three major chemical tests. Even when a person tests positive for a controlled substance, there may be any one of a number of factors that call into question the validity of the result.

Lawyer for DWI Urine Tests in Dallas, TX

If you were arrested for DWI in North Texas after agreeing to submit a sample for a urine test, it will be in your best interest to immediately retain legal counsel. Law Offices of Richard C. McConathy aggressively defends clients throughout Dallas County, Collin County, Tarrant County, and Denton County.

Richard McConathy and Brian Bolton are skilled criminal defense attorneys in Dallas who can review and challenge urinalysis results in order to possibly get criminal charges reduced or dismissed. You can have our lawyers review your case when you call (972) 233-5700 to take advantage of a free initial consultation.


Overview of Urine Tests in Texas DWI Cases


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When Urine Tests Are Used in Dallas County DWI Cases

All motorists in Texas are deemed to have given their “implied consent” under Texas Transportation Code § 724.011 to submit to the taking of one or more specimens of their breath or blood for analysis to determine the presence in their bodies of a controlled substance, drug, dangerous drug, or other substance. Urine tests are rarely used for the purposes of determining an alleged offender’s blood alcohol concentration (BAC), but they are more common when people are suspected of driving under the influence of a controlled substance.

In some cases, police officers may request that an alleged offender submit to a urine test after a breath or blood test has revealed a BAC of less than the 0.08 percent needed to charge the driver with DWI. Authorities may initially request that alleged offenders provide urine samples when they believe it is evident that the motorist is more likely impaired by an illegal drug than alcohol.

Urine tests can be generally preferable for law enforcement agencies because they are typically the most economical and accurate determinants of the presence of controlled substances. The major problem with urinalysis, however, is that the presence of an illegal drug in an alleged offender’s sample does not necessarily mean that the person was under the influence of that controlled substance at the time of the alleged offense.


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Common Urinalysis Issues in Texas DWI Cases

Whether an alleged offender is charged with an alcohol-related or drug-related DWI as the result of a urine test, it is still important to have an experienced criminal defense attorney review how the test was conducted and how the sample was handled. Several kinds of common errors or oversights can contribute to false positives or other misleading results that justify having the test result made inadmissible as evidence in a criminal case.

Some of the most frequent issues with urinalysis in North Texas DWI cases include, but are not limited to:

  • Chain of custody issues;
  • Contaminated sample;
  • False positive as the result of legal prescription or over-the-counter medication;
  • Faulty or expired testing kit;
  • Improper storage of sample;
  • Labeling or sealing issues;
  • Sample too diluted; or
  • Tampering with specimen.

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Dallas County DWI Urine Test Resources

Urine Drug Testing: Approaches to Screening and Confirmation Testing — View a report that examines multiple issues inherent to urinalysis. The report covers the detection times of some common controlled substances in urine tests. It identifies some of the disadvantages of urine drug testing as drug levels in urine do not correlate well with levels in other body fluids; drug levels may vary widely depending on fluid intake, voiding pattern, and time lapse since drug intake; urine drug excretion continues after physiologic effect of the drug ceases, resulting in lack of correlation of drug level with intoxication; may be difficult to obtain specimen if test subject cannot void (catherization?); urine specimens are easily substituted, diluted, or adulterated; direct observation may be an invasion of privacy; and urine may be unstable if not properly handled and stored.

The Marijuana Detection Window | National Drug Court Institute (NDCI) — The NDCI is a nonprofit organization supported by the White House Office of National Drug Control Policy that is involved in sculpting the movement of drug courts within the United States. In April 2006, the NDCI published this report examining some of the issues that arise with cannabinoid detection in urine samples. You can learn more about the different variables that can impact test results, client detoxification, and the abstinence baseline.


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Law Offices of Richard C. McConathy | Dallas DWI Urine Test Lawyer

Were you arrested for DWI in North Texas as the result of a urine sample you provided? You should contact Law Offices of Richard C. McConathy as soon as possible for help exploring all of your legal options.

Our Dallas criminal defense attorneys represent clients accused of drunk and drugged driving offenses in such areas as Richardson, Balch Springs, Garland, Irving, Grand Prairie, Mesquite, Carrolton, and many surrounding communities. Call (972) 233-5700 or submit an online contact form today to receive a free, confidential consultation that will let our lawyers provide an honest and thorough evaluation of your case.


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Client Testimonials

  • 5 stars
    I would like to thank the Law Office of Richard C. McConathy for your awesome and courtious attention to professionalism. I am amazed at Richard and Brian''s ability to get a fast resolution and am grateful to them for the time put into this matter. I could feel the genuine concern and dedication that the attorney''s put on my case.
    - Andrea L.
  • 5 stars
    I hired The Law Office of Richard C. McConathy after I got arrested for DWI. In my life of work, I absolutely could not have a conviction on my record. At trial, I was found Not Guilty. Brian and Richard are the best lawyers in Dallas!
    - David C.
  • 5 stars
    I was able to keep my driver''s license and keep a clean a record as both the ALR and DWI case were both dismissed! I was pleased with their professionalism and ability to work with me to achieve the best possible outcome, dismissals all around.
    - James M.
  • 5 stars
    I was pulled over on the North Dallas Tollway for going 90 mph. The cop said that I was all over the road, and failed all the field tests and was obviously intoxicated. I pretty much lost all hope that I would walk away from this. That was until I found Richard McConathy. Richard and his firm fought the DA and eventually got my case dismissed. I couldn''t give a bigger recommendation for these guys. If you''re in trouble don''t hesitate, it is worth it.
    - Greg B.
  • 5 stars
    The law offices of Richard C. McConathy represented me with the utmost professionalism and they secured a victory for my probation revocation case. My case was nine years old and I was told by other firms that it would be very difficult to get the judge to revoke. This firm took my case on, and not only won the judgment, but also got the original probation case conditions dismissed. I highly recommend this law firm to any person in need if legal representation. They are very considerate and extremely knowledgeable.
    - Brant G.
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