Breath, Blood & Urine Testing

Can they make me give a urine sample?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Urine testing is within Florida's implied consent framework in defined circumstances, and refusing it carries the same consequences as refusing a breath test.

Urine testing typically comes up where impairment by a chemical or controlled substance is suspected rather than alcohol, since a breath instrument only measures alcohol.

Because urine is covered by the same statutory language as breath, refusing it triggers the same consequences under the amended refusal statute — a second-degree misdemeanor for a first refusal, a first-degree misdemeanor for a second or subsequent, plus the corresponding suspension.

Urine results carry their own significant limitations, and they're worth understanding. Urine testing generally detects the presence of substances or their metabolites rather than establishing current impairment, and some substances remain detectable long after any effect has passed. A positive urine result is not the same thing as proof that a person was impaired while driving.

That gap between detection and impairment is where these cases are usually fought.

Detection and impairment are different things, and the difference does real work here. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.