The law states that you have one hour to provide two specimens of urine. The first sample is obtained and discarded by the officer (it is during this attempt that you are required to empty your bladder, but this cannot be into a toilet). You should then be given a period of time – often around 40 – 60 minutes – to refill your bladder.
The second sample is then obtained, retained and split into two. Part of the second sample is provided to you, the other part is the evidential sample that will be sent to the laboratory.
The majority of urine cases we win will fail because of one of the following reasons. If you think any of the points set out below may have happened to you, it’s crucial that you call us immediately. The starting point when challenging a drink driving urine case is to consider the following:
- Do you have a statutory or common law defence?
Don’t worry if you’re not sure. MAJ Law Ltd can talk you through your options and identify any available defence immediately.
- Were all the correct procedures completed before a sample of urine was taken, including two 25 page legal documents?
If there is fault with the evidence, our team will find it. This could secure your acquittal.
- Did the officer have the power under statute to require you to provide a specimen of urine?
An officer cannot simply request a urine sample; he must have the legal authority to do so. If he was acting outside of his power – the case would collapse.
- Were you provided with part of your own specimen?
A failure to provide you with part of your sample would render the CPSs sample inadmissible, leading to a complete acquittal.
- Was a preservative tablet added to your sample before it was sent to the laboratory and was your sample shaken for the required period?
This procedure ensures the stability and accuracy of your urine sample. If the correct chemicals were not added, the sample may change in alcohol concentration.
- Did the sample vial contain all the relevant information and was it sealed in a tamper-evidence bag?
Without this information the CPS would struggle to establish continuity. The court must be certain that the sample received by the laboratory belonged to you.
- Can the CPS prove that the sample was stored in stable conditions prior to being sent to the laboratory?
Storage conditions are one of the most important factors that should be considered in a drink driving urine case. From police vehicle footwells to police officer’s pockets – we’ve seen it all.
- Was the sample analysed with an approved and recognised method and was this correctly documented?
At MAJ Law we know the ‘ins and outs’ of forensic analysis. If you’d like to put our knowledge to the test – don’t be afraid to call us.
- Can the CPS prove each and every element of the offence beyond all reasonable doubt?
Due to funding shortages and administration problems, the CPS rely on people pleading guilty at the first court hearing. By pleading not-guilty you force the CPS to provide the evidence within 28 days.