If you refuse to take a urine test, you will face extra penalties and could lose your driver’s license for at least one year. If you’re facing consequences for refusing a urine test or have been brought up on DUI charges, you’ll need an experienced attorney to help you avoid a severe outcome.
A DUI lawyer from Los Angeles can provide the information and resources you need to navigate the legal process. Let’s take a closer look at what happens when you refuse drug tests and how a skilled lawyer can assist you throughout the legal process.
What Happens if I Refuse a Urine Test After a DUI Arrest?
If you have been arrested for driving under the influence (DUI) in California, you will be asked to take a blood test, breath test, or urine test. No matter which kind of test you are given, you are required by law to comply and take the test. In the case of a urine test, you’ll have to provide a urine sample that law enforcement can send to a lab for testing.
If you refuse to take a urine test or another type of test, you could face longer jail time and a very long license suspension. If you’ve been convicted of DUI in the past, your penalties could be even worse. Depending on your unique situation, you could face one of the following outcomes for refusing a urine test:
- One-year license suspension for your first DUI offense
- Two-year license suspension for your second DUI offense
- Three-year license suspension for your third DUI offense
Additionally, If you are a first-time DUI offender who refuses a urine test, you’ll have to complete 9 months of a DUI school program instead of the typical 3 months. You may also face extra jail time for refusal. The penalties for refusing a test can be serious, so it’s best to hire a skilled defense attorney to help you navigate the legal process.
Can I Fight a Urine Test Refusal Charge?
If you are facing an increased license suspension, additional DUI school, or extra jail time for refusing a urine test, you have the option to fight your refusal charges. Some of the most common strategies for fighting a refusal charge include:
Medical Condition
Some individuals have medical conditions that make it painful for them to urinate or difficult to urinate at all. This can be a valid reason for declining the test, especially if you informed officers of your condition at the time. You will need medical evidence of your condition.
Not Warned of the Consequences
Not everyone knows what happens if you refuse to take a urine test. Therefore, police must tell you that the test is required and explain the consequences of refusing it. If the law enforcement officer who pulled you over didn’t explain the potential consequences of a urine test refusal, the “refusal” charge may not be valid.
Why Are Police Asking Me To Do a Urine Test?
Now that you know more about what happens when you refuse to take a urine test, it’s time to discuss why law enforcement officers might want you to take a test in the first place. If a police officer asks you to do a urine test specifically, it probably means the two following things:
- They suspect you of using drugs other than alcohol
- There is no other test available
If you’ve been asked for a urine sample, it could mean that the technician who would normally take a blood sample is unavailable, or that there is some other reason it’s the only test they have available. This is good for you, because it means they have to use the weakest of the three tests.
Why Taking a Urine Test Is Better Than a Blood or Breath Test
It’s important to note that urine tests are generally less reliable than blood tests, which are preferred for drug DUI cases. Due to reliability issues, law enforcement in many areas of California simply don’t use urine tests at all.
Urine tests are unreliable because two people could use the same amount of drugs and get two different results from a urine test. Additionally, if someone who habitually uses marijuana is tested for weed, they will have high levels of its active ingredient in their urine even if they are sober, as it stays in the system for a long amount of time.
Plus, with a urine test, your own lawyer can ask to split the sample. That means you get half of the urine sample to send to an independent lab of your own choosing. This lab can look for any errors in how the urine sample was handled or stored.
What Should I Do When Asked To Take a Urine Test?
If you’ve been asked to take a urine test, the best thing you can do is to cooperate. Technically, you are allowed to request to use another type of test, such as a blood test instead. However, blood tests are often harder to fight in court, so it’s best to stick with the urine test.
Once you’ve agreed to cooperate, law enforcement officers will give you several instructions you’ll have to follow. First, they will ask you to urinate once to “clear” your bladder. Then, they’ll have you wait a few minutes and then urinate again.
How a Los Angeles DUI Defense Lawyer Can Help You Fight Charges
Whether you’ve been charged with drunk driving, a weed DUI, or refusing a urine test, you’ll want to enlist the services of a skilled DUI defense attorney. A lawyer can take a number of actions on your behalf to get your charges reduced or thrown out entirely.
Here’s how a lawyer can help you avoid serious penalties:
- Investigate the DUI incident and traffic stop
- Collect evidence such as blood alcohol content (BAC) tests and other types of sobriety tests
- Analyze evidence and build a strong DUI defense strategy
- Challenge the legality of the traffic stop
- Challenge the validity of urine, blood, and breath tests
- Negotiate a plea bargain with prosecutors
- Represent you during DMV hearings and court proceedings
- Advise you on what happens if you refuse a urine test
- Present compelling evidence in court and argue that you shouldn’t suffer severe penalties
Get Started on Your DUI Defense Case Today
Knowing what happens if you refuse to take a urine test can help you make smart decisions during a DUI arrest. Meeting with an experienced attorney can also help you navigate the legal process in an effective manner. Reach out to an attorney today to learn more about your case and legal options.
Contact Los Angeles DUI lawyer today to schedule a free consultation and get the information you need to win your case. We’ll meet with you for a free, no-obligation consultation to answer any questions you have and provide legal guidance that could make the difference between serious consequences and a positive outcome.
