Can they make me give a urine sample?
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. ---
Talk to an Attorney — Free
An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.
