Vehicles: driving under the influence: chemical tests.

Existing law provides that a person who is lawfully arrested for driving under the influence of a drug or the combined influence of an alcoholic beverage and drug has a choice of whether a chemical test to determine his or her drug or drug and alcohol level shall be a blood, breath, or urine test. If the person chooses to submit to a breath test, he or she may also be requested to submit to a blood or urine test if the officer has reasonable cause to believe that the person was driving under the influence of a drug or the combined influence of an alcoholic beverage and a drug and if the officer has a clear indication that a blood or urine test will reveal evidence of the person being under the influence. Existing law exempts a person who is afflicted with hemophilia, or a heart condition and is using an anticoagulant, from the blood test. This bill would revise these provisions to delete the person's option to choose a chemical test of his or her urine for the purpose of determining the drug content of his or her blood. The bill would require that if a blood test is unavailable, then the person is deemed to have given his or her consent to a urine test. The bill would also require that if the person is lawfully arrested for driving under the influence of a drug or the combined influence of an alcoholic beverage and any drug, the person only has the choice of either a blood or breath test. The bill would delete the option of a urine test, except as required as an additional test. The bill would require those persons exempted from the blood test to submit to, and complete, a urine test. Because this bill would change the definition of an existing crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.