Urine tests are typically requested if an Officer suspects any drug use which may have lead to impairment. Urine tests must be conducted and tested in compliance with specific guidelines detailed in the Ohio Administrative Code.
The following are some common challenges used to defend clients charged with OVI or DUI after a positive urine test:
- The sample is not collected, sealed, stored, or tested according to OAC requirements;
- The same is not collected within three hours of the violation (not the arrest); and
- The sample, when collected, was not witnessed.
