January 9, 2013 By Matthew Wallin

Urine Test No Longer an Option in DUI Arrests Unless Blood or Breath Test Not Available

California Vehicle Code section 23612 was recently changed to remove your ability to choose to take a urine test, instead of a blood or breath test, if you are arrested for driving under the influence (DUI). The law now requires that you take a blood test or breath test to determine the drug or alcohol content of your blood when arrested for a DUI. After the changes, a urine test may only be conducted when you are arrested for a DUI if a blood or breath test is not available (See California Vehicle Code 23612(a)(1)(A).

If you are lawfully arrested for driving under the influence of drugs or alcohol you are deemed to have given consent to chemical testing of your blood or breath. Further, if a blood or breath test is not available and therefore you must take a urine test, you are also deemed to have given consent to a urine test. If your blood alcohol content is measured over the legal limit and you are convicted of a DUI you could suffer severe consequences including fines and jail time.

If you have been arrested for a driving under the influence of drugs or alcohol it is important that you contact an experienced and knowledgeable DUI defense attorney. The attorneys at Wallin & Klarich have over 30 years of experience successfullydefending clients against DUI charges and assisting clients to retain driving privileges. We will work with you to achieve the best possible results in your case. We have offices in Los Angeles, San Bernardino, Riverside, Ventura and Orange County. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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