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Florida DUI Breath Tests

Let Our Pensacola DUI Attorney Fight for You

If law enforcement has probable cause to believe that you’re in actual physical control of a motor vehicle while under the influence of a chemical or controlled substance (DUI) they may request you to submit to a urine sample; however, the request must be incident to a lawful arrest and administered at the request of law enforcement. If you’re arrested for DUI and law enforcement requests you to provide a urine sample you have two options: Provide the sample, or refuse.

Unlike providing a breath sample, if you provide a urine sample the Florida Department of Highway Safety and Motor Vehicle (FHSMV) will not suspend your driving privilege. However, like refusing to provide a breath sample FHSMV will suspend your driving privilege for one year if you refuse to provide a urine sample, or for 18 months if your driving privilege has been previously suspended for refusing to submit to chemical testing. Importantly, if you’ve previously refused a chemical test (breath, blood or urine) you could be subject to criminal prosecution under section 316.1939(1), Florida Statutes, for refusing to submit a second time. The maximum period of incarceration if convicted of violating section 316.1939(1), Florida Statutes, is 364 days in the county jail. Note that both choices can be used against you in court and that the administration of one test doesn’t preclude the administration of another.

Whether you choose to provide a urine sample or refuse depends on your circumstances, all of which should be considered before making your decision. Failure or refusal to take a breath test can result in serious penalties, including the automatic suspension of your driving privileges. Obviously, without the ability to drive, it can be difficult to commute to work, attend classes, run household errands, and live your life. However, you might be eligible for a business purpose or hardship license. If you have failed or refused a breath test in Florida, our Pensacola DUI lawyer at the Morris Firm can protect your rights and future against the charges against you. Attorney Brandon Morris can investigate your case, determine if the arresting officers properly administered the breath test, and help you obtain the best possible results in your case.

Call (850) 583-9112 to Get Started On Your Defense

Mr. Morris understands that breath tests can be unreliable. For example, law enforcement officers may fail to properly calibrate the Intoxilyzer before testing which can leading to inaccurate results. In addition, they may forget to conduct the mandatory 20-minute observation period prior to administering the test to insure that you do not regurgitate or otherwise consume anything. If law enforcement commits any errors while administering the test, or doesn’t follow procedure prior to administering the test, the results can be excluded and your case possibly dismissed.

For more information, contact us and schedule a free consultation today.

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