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Pensacola Defense Lawyers

Pensacola DUI Breath Test Defense Attorney

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Breathalyzer Test

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 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) 503-2626 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 consultation today.

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What Our Clients Are Saying
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Brandon was extremely helpful with my case and I felt very comfortable throughout the process with his handling of my legal matters. He is diligent and knows his way within the judicial system!

-Ashley H.

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Amazing! I didn’t have to worry about anything. After first meeting with Brandon, I was much more at ease with my case. He was very helpful with everything I asked and very understanding. I would highly recommend!


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This was the first time I needed to hire an Attorney and I was somewhat nervous. Mr. Morris was very easy to communicate with and basically told me from day one that the charges would be dropped and they were. I would highly recommend him to anyone.


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Brandon is committed to getting the best result for his clients. He negotiated the best deal for me with the state attorney. I recommend him to anyone looking for a lawyer committed to his clients.

-Former Client

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Brandon Morris is definitely an attorney myself and my family would recommend. Me and my husband retained Brandon and achieved the best possible result, a dismissal in the case. My son retained Brandon in his case and the conclusion of the case was what my son anticipated, a good result. Brandon is knowledgeable, understanding, compassionate about his clients, and has reasonable fees. When we talk to Brandon it is apparent that his is listening to every detail. Brandon has always been prompt in returning our calls. We will definitely use Brandon again if needed. He is an excellent attorney!