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V.C. §13384 and 23612 Allows for Urine Test

JURY INSTRUCTIONS:Refusal Instructions

V.C. §23157(a)
You are instructed that Vehicle Code section 23612 deals with chemical testing for blood, breath or urine tests for blood alcohol content, and provides in pertinent part as follows:

VC 23612(a)(1)(A)

Any person who drives a motor vehicle is deemed to have given his consent to chemical testing of his blood or breath for the purpose of determining the alcoholic content of his blood, if lawfully arrested for any offense allegedly committed in violation of Vehicle Code §23152. If a blood or breath test, or both, are unavailable, then paragraph (d)(2) applies.

VC 23612(a)(1)(B)

Any person who drives a motor vehicle is deemed to have given his consent to chemical testing of his blood or urine for the purpose of determining the drug content of his blood, if lawfully arrested for any offense allegedly committed in violation of Vehicle Code §23152.

VC 23612(a)(2)(A)

If the person is lawfully arrested for driving under the influence of an alcoholic beverage, the person has the choice of whether the test shall be of his blood or breath and the officer shall advise the person that he has that choice. If the person arrested either is incapable, or states that he is incapable, of completing the chosen test, the person shall submit to the remaining test. If a blood or breath test, or both, are unavailable, the paragraph (d)(2) applies.

VC 23612(a)(2)(B)

If the person is lawfully arrested for driving under the influence of any drug or the combined influence of an alcoholic beverage and any drug, the person has the choice of whether the test shall be of his blood, breath or urine, and the officer shall advise the person that he has that choice.

VC 23612(d)(2)

If a blood or breath test is not available under VC 23612(a)(1)(A) or VC 23612(a)(2)(A), the person shall submit to the remaining test in order to determine the percent, by weight, of alcohol in the person’s blood. If both blood and breath tests are unavailable, the person shall be deemed to have given his consent to chemical testing of his urine and shall submit to a urine test.