Roach

Lawrence Rea Roach appeals from a judgment rendered by the municipal court after a jury found him guilty of driving a motor vehicle under the combined influence of alcohol and drugs. (Veh. Code, § 23102.) The cause is before us on certification after appeal to the appellate department of the superior court. (Code Civ. Proc., § 911.)

A highway patrol officer stopped appellant after seeing his car weaving on the highway. The officer saw “track marks,” characteristic of narcotics users, on appellant’s forearms. After administering a field sobriety test which appellant performed poorly, the officer told appellant a chemical test was required. Appellant submitted to a breath test, which indicated a blood alcohol level of .08 percent. The officer then asked appellant to supply a urine sample, by reason of “the drug symptomology which [he] exhibited,” telling him that the purpose of the test was to detect the presence or absence of drugs in his system. Appellant refused.

The municipal court denied a pretrial motion to preclude use, as evidence of consciousness of guilt, of testimony by the officer that appellant had refused to provide a urine specimen after the officer told…