Chicago DUI Urine Test Information

Illinois DUI Urine Tests are usually taken if a person is believed to be under the influence of alcohol and drugs or just drugs. Because the breath test can only detect alcohol, urine screens are the second most commonly used tests.

In all DUI cases where the state is attempting to admit into evidence the results of a urine test, the State must establish that the test was performed in compliance with the applicable Illinois State Police Rules and Regulations.

At Suhre & Associates, we obtain copies of all the pertinent documents related to the collection of the urine specimen and the testing of the sample. Once we receive the records from the prosecutor we review them to see if the authorities complied with relevant Illinois law.

Just like blood alcohol tests, a suspect has a right to an independent chemical test other than one administered by the police. 625 ILCS 5/11-501.2(a)(3). Further, if the defendant is charged with drug use, an independent test can be obtained for up to 30 days to prove that no such drugs or cannabis was consumed.

As between blood, breath, and urine alcohol tests, urine is the least reliable indicator of intoxication. This is due to the fact that the alcohol in urine is no longer a part of the central nervous system, making it difficult for impairment to ensue from the presence of alcohol in urine alone. Additionally, Illinois does not have a per se alcohol level for urine samples.

Urine testing is not the preferred method of determining the amount of alcohol in a subject. As such, although the law in Illinois states that the police are allowed to request a urine test after a breath or blood test has been performed, urine testing is seldom used in Illinois DUI cases as the results are rarely admissible in court.

As with blood alcohol testing, the rules governing the testing/analysis of urine samples are virtually non-existent in Illinois. However, just like with breath and blood samples, before a police-requested urine test can be admitted into evidence, the State must establish that it was performed in compliance with State Police Rules and Regulations.

Pursuant to 20 Ill. Admin Code 1286.330, the following procedures for the collection of urine must be observed:

  1. A sample of urine shall be collected in manner to preserve dignity of individual and insure integrity of sample;
  2. A urine sample may be collected by the arresting officer, another law enforcement officer, an agency employee, or a hospital nurse who can authenticate the sample (person collecting sample shall be of same sex as subject);
  3. A urine sample of approximately 60 ml should be collected;
  4. Urine sample shall be collected in clean, dry containers;
  5. No preservatives shall be used;
  6. The containers shall be closed;
  7. The containers shall be labeled with the name of the subject and the date of the collection;
  8. The urine samples shall be delivered as soon as practicable to a laboratory certified by the Department;
  9. The testing laboratory shall maintain any remaining sample for a period of six months after testing unless otherwise directed by the submitting agency or the appropriate prosecuting authority.

Failure to observe the procedures set forth in 20 Ill. Admin Code 1286.330 for the collection of a urine specimen may result in the inadmissibility of test results at trial.

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