Legal Question in DUI Law in California

Alcohol screening test laws

I was arrested for DUI, I asked the officer for a urine test, he said the only options, that I had were blood or breath, On the preliminary alcohol screen information sheet, it states: P.A.S Admonition: I am requesting that you take a preliminary alcohol screening test to further assist me in determining whether you are under the influence of alcohol. You may refuse to take this test; however, this is not an implied consent test and if arrested, you will be required to give a sample of your blood, breath, or urine for the purpose of determining the actual alcoholic and drug content of your blood.

There claiming they used an old form, I think my rights were violated, because i was refused an urine test.

Thanks for reading this, and any help that you can offer.


Asked on 5/07/04, 12:13 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Alcohol screening test laws

My recollection is that although the code provides for three tests, denying a driver one of these tests is improper, but does not invalidate the test that is given. Therefore the test results can be used either by the DMV to revoke your license, or the DA at a trial.

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Answered on 5/11/04, 12:38 am


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