DUI in San Diego: Do I Have to Give Urine for a DUI If Asked?

When a police officer arrests you for DUI in San Diego, California law allows him to request that you submit to a blood or breath test. If however, neither of these are available, the officer has the right to request a urine sample from you.  Knowing your rights when it comes to the urine sample can help you avoid complicating your situation.

California has an Implied Consent law. This means that when you apply for and receive your driver’s license you are agreeing that if you are arrested for DUI you will submit to a chemical test as part of the officer’s investigation. In other words, your acceptance of the privilege of driving implies your prior consent to chemical tests for future DUI arrests.

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According to California law, if a police officer asks you to submit to a urine test as part of a DUI investigation, you are required to comply. Some states allow you to speak to your attorney before deciding whether to comply, but California is not one of them. In this state, you have no right to an attorney before taking the test.  The requirements for the request include being lawfully arrested for suspicion of DUI and the arresting officer must have probable cause to believe you were driving while under the influence of drugs or alcohol. In general, the officer is supposed to offer you a choice between a blood or breathalyzer, but if neither of these are available you must give a urine sample when asked.

In addition, if you are on medications for bleeding disorders or heart issues, the officer cannot require that you submit to the blood test and instead will request a urine sample.

Penalties for refusal to submit to a urine test include a year suspension of your driver’s license, whether or not you are ultimately cleared of the DUI. If this turns out to be the second time you refused a chemical test or if you have a previous DUI  in San Diego or a reckless driving conviction on your record within the past 10 years, the judge can take your license away for two years.  You will also be fined $125 for refusing the test regardless of whether this is your first, second or third refusal.

Refusing the test does not mean you will escape a DUI conviction. The state might even argue that you refused the test because you knew you would fail it. If you are charged with violating the Implied Consent law, an attorney experienced in DUI defense can advise you about your case.

To learn more, please download our free Common Defenses to a Driving Under the Influence Charge in California here.

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Domenic Lombardo

Domenic J. Lombardo, Attorney at Law and a member of California Attorneys for Criminal Justice (CACJ), graduated from University of California, Los Angeles (UCLA), earning a B.A. in Economics-Business, before graduating with his J.D. from University of California, Hastings School of Law. Mr. Lombardo has been practicing as a criminal defense lawyer in San Diego for nearly 30 years, having started at the San Diego Office of the Public Defender in 1991 and then opened the Law Office of Domenic J. Lombardo in early 1996 as a sole practitioner. His practice is dedicated entirely to the defense of individuals accused of crimes and university misconduct, including Title IX allegations. While Mr. Lombardo works as the primary attorney for all his cases, he does have a team of investigators, forensic consultants, and paralegals to call on to help achieve the best possible result in every case. When he is not working, Mr. Lombardo is a family man, triathlete, and world traveler.

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