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DUI Urine Tests in Florida

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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.

Why a Urine Test?

Although a urine test may seem like a strange request, this type of test doesn’t exclusively apply to alcohol. Law enforcement may administer a urine test if there is suspicion of drug use or a combination of alcohol and drug use. A urine sample could contain traces of cannabis, cocaine, methamphetamine, and even prescription medication. Traces of drugs can remain in the body for up to a week or even up to a month—especially for marijuana. So, just because there is the presence of drugs in your system, doesn’t mean that you are under the influence at the time of the traffic stop.

Mr. Morris understands the unreliability of urine tests. 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 20-minute observation period 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 before administering the test, the results can be excluded and your case possibly dismissed.

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