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.
