I am doing diversion for a DUI. I was told that my UA came back dirty. I have not drank nor taken any drugs.

I was told I had to sign admitting to and stating what I took. They are going to send me back to court stating I am non-compliant. Do I have to admit to something that I didn't do? Do I need to get an attorney to defend me in court?

Portland, OR -

Attorney Answers (5)

Jay Bodzin

Jay Bodzin

Family Law Attorney - Milwaukie, OR
Answered

Yes, you need an attorney. Your attorney will probably tell you not to admit to anything; but consult with them first. Try, also, to think about this from the point of view of the Court and the probation officer: what is more likely, to them - that a test was wrong; or that someone on probation lied about a violation? To them, the latter will be far more likely. You will have to have some argument beyond your bare word. Your lawyer will help you with this.

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Jay Bodzin is licensed to practice law in the State of Oregon and... more
Richard E Oberdorfer

Richard E Oberdorfer

DUI / DWI Attorney - Portland, OR
Answered

Should you sign an incriminating statement that will be used to convict you, put you in jail, cause a 1-year license suspension, and at least $1000 fine? Probably not -- get a good local DUII lawyer, now! You can't afford not to.

Richard Timothy Jones

Richard Timothy Jones

DUI / DWI Attorney - Austin, TX
Answered

If you have a false positive then you should contest the result. Hire a lawyer. Ask for a second test. Get an independent test. Once you admit, there is no going back.
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David B Pittman

David B Pittman

Car / Auto Accident Lawyer - Fort Myers, FL
Answered

Yes. You need an attorney to help with this.

Shelley L Fuller

Shelley L Fuller

DUI / DWI Attorney - Beaverton, OR
Answered

I see this happen alot and its due to the type of UA they're giving you. You're either coming up as a false positive or you are being incidentally exposed to a product with alcohol in it. These new EtG and EtS UAs they are using are causing people who are not drinking but who are using a product with alcohol in it to come up positive. Do research on EtG. Don't admit to something you didn't do and get an attorney familiar with these EtG tests. You shouldn't be booted out of diversion just because you came up positive on the EtG tests. Be mindful though. You must pay attention to what you are handling and consuming. Don't use mouthwash, cough syrup with alcohol in it, hand sanitizers are almost 65% alcohol. Cleaning products have alcohol in them. Use gloves and a mask when coming into contact with these products. This will help prevent a positive UA for incidental exposure.

I am licensed to practice law in Oregon only. If you are seeking legal advice, please contact my office to... more

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