Attorney Jay Adkins with the Ramsey Law Firm in Minnesota posted this update today from the United States Supreme Court on whether or not a urine sample can be taken and used as a valid drug test for suspected impaired drivers.
The problem is that the law in Texas states that impairment must be at the time of driving. A urine sample does not show what a person’s level was, it can only tell you that at some point in the past, a person had that substance in their body. Hardly enough to satisfy the burden of proof in a criminal case, especially since we are talking about branding a person a criminal for life along with serious penalties.
Looks like the United States Supreme Court doesn’t think much of urine tests for that purpose either, according to Jay. Stay tuned for the final decision in State v. Thompson from Minnesota.
Kelly W. Case
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