Dayton Ohio DUI Urine Test

Ohio DUI Urine Tests are usually taken if a person is believed to be under the influence of alcohol and drugs, or drugs alone. Since the breath test can only detect alcohol, urine screens are the next most common.

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The police and lab that tested the urine must have followed the proper procedures before the urine test results can be used against you in court.

At Suhre & Associates, we request copies of all the relevant documents related to the collection of the urine specimen and the testing of the sample. Once we receive the records from the prosecutor we evaluate them for defects.

Some of the most common reasons urine test results are excluded as evidence are:

  1. An authorized person did not collect the urine sample within 3 hours of the time of operation per division (D) of section 4511.19.
  2. The collection of the urine sample was not witnessed per to OAC 3701-53-05(D).
  3. The urine sample was not put into a clean glass or plastic screw top container nor was it capped as required by OAC 3701-53-05(D). If the sample was not obtained in this way, it was not alternatively collected according to the laboratory protocol as written in the laboratory procedural manual also pursuant to 3701-53-05(D).
  4. Failure to seal the urine container in a manner such that tampering could be detected per OAC 3701-53-05(E).
  5. The label on the urine container did not contain the proper data per OAC 3701-53-05(E) (1-4).
  6. Failure to refrigerate the urine sample at all times except for transit or examination per OAC 3701-53-05(F).
  7. Improper method of analysis of the urine sample contained in OAC 3701-53-03(A1)(A2) for alcohol or (B) (1-6) for drugs of abuse.
  8. The urine analysis method did not have documented sensitivity, accuracy, precision, and linearity per OAC 3701-53-03(A).
  9. The urine analysis method used to check the urine for alcohol is not based on procedures which have been published in a peer reviewed or juried scientific journal or thoroughly documented by the lab per OAC 3701-53-03(A).
  10. Lack of confirmation of presumptive tests for drugs of abuse by one or more dissimilar analytical techniques or methods as a part of a testing procedure per OAC 3701-53-03(B).
  11. The confirmatory techniques or methods for tests for drugs of abuse did not have similar or improved sensitivity, specificity, accuracy, precision and linearity compared to the original test per OAC 3701-55-03(B).
  12. The confirmatory techniques or methods of tests for drugs of abuse were not based on procedures that have been published in a peer reviewed or juried scientific journal or thoroughly documented by the lab per OAC 3701-53-03(B).
  13. The lab which performed the test did not document the chain of custody or the results of the urine tests per OAC 3701-53-06(A).
  14. The urine specimen obtained and analyzed by the lab has not been saved per OAC 3701-53-05 and OAC 3701-53-06(A).
  15. The lab analyzing the urine did not participate in the national proficiency testing program using the applicable technique or method for which the laboratory personnel sought a permit under rule 3701-53-09 of the administrative code per OAC 3701-53-06(B).
  16. The lab doing the test did not keep at least one copy of the written procedure manual in use for performing tests under rule 3701-53-03 of the OAC in the area where the tests were performed according to OAC 3701-53-06(C), & 3701-53-01(B).
  17. The lab did not do the test in accordance with the lab’s written procedure manual per OAC 3701-53-06(C).
  18. The designated lab director did not review, sign, and date the written procedure manual as certifying the manual in compliance with OAC 3701-53-06, per subsection (D).
  19. The designated lab director did not ensure that any amendments in a procedure were approved, signed, and dated by the designated lab director per OAC 3701-53-06(D)(1).
  20. The designated lab director did not make sure that a copy of each procedure is kept with the date the procedure was first used and the date it was revised or discontinued per OAC 3701-53-06(D)(2).
  21. The designated lab director did not make sure that a copy of the procedure is retained for the later of 3 years after a procedure was revised or discontinued, or in accordance with a written order by any court to the lab to save a sample that was checked under that procedure per OAC 3701-53-06(D)(3).
  22. The lab director failed to make sure that the lab techs that checked the urine were properly trained and knowledgeable enough to conduct tests of body fluids for alcohol and drugs, nor did the designated lab director make sure and document the maintained competency of lab techs per OAC 3701-53-06(D)(4).
  23. The designated lab director did not check on the work performance and verify the skills of the lab techs involved in the testing of the urine sample per OAC 3701-53-06(D)(4).
  24. The designated lab director did not make sure that the procedures manual listed the criteria the lab used in making standards, controls, and calibrations for the technique or method involved in checking the urine sample per OAC 3701-53-06(D)(5).
  25. The designated lab director did make sure that a complete and timely written procedure manual was made ready and followed by lab techs during the analysis of the urine per OAC 3701-53-06(D)(6).
  26. If the designated lab director was replaced, another permitted lab director was not designated, nor did he or she review and revise the written procedural manual as required per OAC 3701-53-06(E).
  27. The lab tech that checked the sample did not complete the proficiency exam, administered by a national program for proficiency testing for the approved technique or method of analysis used to test the urine, in a satisfactory manner, per OAC 3701-53-07(A)(2) for alcohol and OAC 3701-53-07(B)(2) for drugs of abuse.
  28. The lab tech that checked the sample has not been certified by the designated lab director that he or she is competent to perform all procedures contained in the lab’s written procedure manual for testing specimens, per OAC 3701-53-07(A)(2) for alcohol and 3701-53-07(B)(2) for drugs of abuse.
  29. The lab tech that checked the sample did not meet the requirements set forth in OAC 3701-53-07 (A)(2)(a-d) for alcohol testing and OAC 3701-53-07(B)(2)(a-d) for drug testing.
  30. The tech that checked the urine didn’t have a lab director’s permit or a lab tech’s permit issued by the director of health under OAC 3701-53-09(A)(1) for alcohol testing and (A)(2) for drug testing; and if it was not the designated lab director who performed the tests, the testing tech was not under the general direction of a lab director per OAC 3701-53-07(A) for alcohol testing and (B) for drug testing.
  31. The tech analyzing the urine did not conduct a technique or method of analysis that was listed on the lab director’s permit, per OAC 3701-53-07(A) for alcohol testing and 3701-53-07(B) for drug testing.
  32. The director of the lab where the sample was checked didn’t meet the qualifications for said lab director’s permit, per OAC 3701-53-07(A)(1) for alcohol testing and OAC 3701-53-07(B)(1) for drug testing.
  33. The director of the lab where the sample was checked was not subject to surveys as required per OAC 3701-53-08(A)(1).
  34. The scientific techniques used in testing the urine, per OAC 3701-53-03, were not checked each day for proper calibration under the general direction of the designated lab director per OAC 3701-53-04(D).
  35. The result of instrument checks, calibration checks, and records of service and repairs were not kept in accordance with paragraph (A) of OAC 3701-53-01, per OAC 3507-53-04(E).