Friday, May 31, 2013

TO PEE? OR NOT TO PEE? That is the Question.

And the ANSWER is.....NO.

Hopefully you’re smart enough never to drink and drive and ALWAYS designate a sober driver.  However, if you do show a lapse in judgment and are stopped by law enforcement for suspicion of driving under the influence, the chemical testing requirements have changed. The URINE test is no longer an option, except under certain conditions.

With the passage of California Bill AB 2020 (Pan), California Vehicle code (CVC) 23612 “implied consent for chemical testing” requires a blood or breath test when a person is lawfully arrested for DUI involving drugs or a combination of drugs and alcohol.  The urine test is only permitted under the following conditions:

  Both blood and breath tests are unavailable.
  The individual is a hemophiliac.
  The individual is taking anticoagulant medication.

WHY?  The legislature determined that even though they are slightly more expensive, blood tests are more effective than urine tests and are challenged less frequently in court.

So what if you refuse to take any test?  In California, the penalties for refusing to take the blood or breath test BEGINS with a one-year suspension of your license and does not guarantee that you still won’t be convicted.

Ultimately, the laws are in place to make the roads safer for all of us.  So just do the smart thing to begin with:  NEVER DRINK & DRIVE.

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