Bieber's Urine Test: Xanax and Pot

The Miami Herald reported that "sources close to the investigation" leaked the results of Justin Bieber's urine test to them. According to the Herald sources, the test revealed the presence of Xanax and pot. It normally takes over a month to get a urine test result from the Miami-Dade State Attorney's Office. But, when your defendant is a teenage pop star, things move a little quicker.

My experience tells me that this is a preliminary toxicology screen and will be confirmed by gas chromatography at the University of Miami Toxicology Lab.

What does this mean for the defense?

It will be easier for them to deal with the pot, as THC can remain in the body and be released as a waste product in urine for weeks, or even months after ingestion. Xanax has a much shorter half-life and will be eliminated much faster. The lab will need to do a quantitative analysis for the amount of each substance and also to see if there is anything but a metabolite (the broken down by-product).

If the urine results hold up, the defense will have to attack them as waste products. Making this tougher will be the physiological symptoms observed and gathered by the Miami Beach Police during the drug recognition evaluation (DRE). And, don't forget the alleged admissions of Xanax and pot use.

For more information about my firm Jonathan Blecher, P.A. and my qualifications, please visit my website www.duilawdefense.com.

Info About Justin Bieber's DUI Arrest in Miami Beach

Justin Bieber may have thought he was auditioning for a role in The Fast and the Furious when he was busted for racing on a quiet residential street in Miami Beach. The unfortunate reality was that it was an arrest of Bieber for DUI, Racing, Resisting Without Violence and Expired License by the Miami Beach Police Department.

His Charges

The mega pop star is alleged to have been racing a yellow Lamborghini on Pine Tree Drive at 4:30 A.M., according to police reports. It went downhill for Bieber after that. Police say they observed him to be in a stupor, smelled alcohol and that he failed to perform roadside sobriety tests to standards. A slew of F-bombs followed and ignoring officer commands tacks on a Resisting Arrest charge and of course, the Georgia license he had was expired. Alleged admissions of drug use (pot and pills). Read the arrest affidavit HERE.

A breath test result placed him well under the legal limit for presumed impairment in Florida which is .08% BrAC (Bieber was .011/.014 in two tests). So, the Miami Beach Police brought in Drug Recognition Evaluation expert, Officer Martin Dionne who runs Bieber through the paces to determine drug impairment and gets a urine sample. Results pending. Bieber was released on a $2,500 bond, the standard bond amount in this type of case. Follow this link to video of Bieber's bond appearance in Miami.

The Penalties That Bieber Is Facing

A "run of the mill" first offense DUI in Miami-Dade County with no aggravating circumstances would warrant referral into a DUI diversion program. Some community service, fines, DUI classes, charitable contributions, ignition interlock and the state drops the DUI down to reckless driving. Eligible for a record sealing. Bieber's problem is that he's not eligible because of the drag racing and resisting arrest charges.

If the state moves forward with the DUI part of the case, it will be because the urine test results come back dirty for drugs. Generally, without finding drugs in the car or an odor of pot or admissions, the urine results might be inadmissible. The theory being that they are not relevant to show impairment at the time of driving since urine tests only reveal ingestion of the drug at some time in the past. Blood tests are the only reliable way to establish the presence of drugs.

Although cannabis intoxication has been shown to mildly impair driving skills, this impairment does not appear to be severe or long lasting. Indriving simulator tests, this impairment is typically manifested by subjects decreasing their driving speed and requiring greater time to respond to emergency situations. Read On to a 1993 study by the National Highway Traffic Safety Administration.

Even if the DUI charge falls, he is still facing two serious misdemeanor charges: Drag Racing and Resisting an Officer Without Violence. Each of those can carry jail time, and if convicted of the drag racing charge, a mandatory license suspension.

For more information about my firm Jonathan Blecher, P.A. and my qualifications, please visit my website www.duilawdefense.com.