Q: Is not offered choice of a Urine Test in CALIF Dui arrest, a valid defense against a "chemical test refusal charge?
I refused breath test; chose blood test. Given blood draw consent form; it included statement: "I am NOT a person who has a heart condition and NOT a person who takes anticoagulant medication". Officer was informed I do have a heart condition and I do take anticoagulant medication; I told officer that if I signed this statement it would be untrue. I did not sign; officer said I was using delay tactic; he obtained warrant and forced blood draw. (see CA Veh Code 23612; exempt from blood test with these heart/med issues). Also CA DMV brochure "ffdl 35" states: "The Department of Motor Vehicles (DMV) is required to suspend or revoke the driving privilege of any person arrested for driving under the influence (DUI) of alcohol or a combination of alcohol and drugs, who: Refuses to take or fails to complete a chemical test (blood or breath)* to determine his/her BAC level". But with this note: *Note: A urine test IS NOT available unless: You are taking anticoagulant medication.
A:
NO
calif no longer offers Urine tests b/c they have been determined to not be as accurate as
blood and breath......
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