To request a urine test, the officer needs essentially the same thing he needs to request a breath test or a blood test, and that is, first of all, probable cause to place you under arrest, that the officer has a good reason to be asking for a test in the first place. So probable cause, he’s already placed you under arrest, and, again, in order for the request to be made, the officer has to comply with the Implied Consent Law. The Implied Consent Law requires that the officer read the Implied Consent Advisory to you. This is a form that reminds you of your rights and obligations in order – in exchange for your driver’s license here in Minnesota, what you promised when you accepted the driver’s license. So it reminds you of your obligation that Minnesota law requires you to take a test to determine if you’re under the influence of alcohol.

It also gives you the opportunity to consult with an attorney before you decide whether to actually submit to the test. And, again, whenever the police offer you the opportunity to consult with a lawyer, please take that opportunity and consult with a lawyer. We can provide you with a great deal of information, even in our groggy state in the middle of the night, to let you know what your rights and what your actual obligations are. But the officer would have to have placed you under arrest, complied with the Implied Consent Law before he can ask you to take the test.