Beating Urine Tests: Dakota County Discards a DWI
Every DWI case is different. In our eyes, this means that every DWI is a new opportunity to win.
We recently won a DWI case out of Dakota County after convincing the judge to throw out the urine test results. The test result was a .08, and the State was not willing to dismiss the case - so we fought back.
We argued two theories as to why this test result didn't matter. First, we argued that the BCA's method of analyzing fluid samples (a gas headspace chromatograph) simply wasn't accurate enough to prove that a .08 result (per se guilty) wasn't really a .079 (innocence). This "uncertainty of measurement| argument is gaining steam nationwide, as judges take a closer look at the science behind DWI testing, and we're leading the way in Minnesota in order to ensure our clients are not convicted based on bad science.
We also argued, in the alternative, that the test results in this particular case were not reliable because the very machine used to test the sample was calibrated in such a way so as to inflate the test results. Instead of taking the test results at face value, we examined every step of the process used to analyze our client's sample and noticed this mistake.
It took half a day of expert testimony and some fairly in-depth argument, but we're not one to back down from a fight. At the end of the day the judge agreed with us and our arguments, and threw out the test. We also managed to highlight the absurdity of the State's position on DWI tests, and refuted their claims that their testing methods are infallible.
This is just one example of our many successes, highlighting just two of the legal defenses that can be raised in a DWI case. And it goes to show that you can't win if you don't fight.