Pensacola Defense Lawyers

DUI Urine Tests in Pensacola, FL

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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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What Our Clients Are Saying


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I hired Brandon to be my attorney for a criminal case, and he exceeded my expectations. He always answered my questions and he represented me in the most professional manner. He always prepared and honest with me. I would highly recommend him. He will always be my attorney

-Laura

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Brandon understands the charges and what the defenses are. He works hard to ensure his clients get the best outcome possible.

-John

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Brandon Morris has a thorough understanding of criminal law, has extensive courtroom experience and is a passionate advocate for his clients. He gave me a truthful and honest explanation of my situation, my options and what I could expect. Anyone would be lucky to have him as their advocate.

-Former Client

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I received a letter from the Morris Firm after I was released from the county detention and I immediately made an appointment for consult. Right away he eased my fears and made me feel confident that we can beat this case or get it resolved with minimal punishment. Retainer is reasonable, as well. Glad I hired him!

-James

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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!

-Rachel

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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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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.

-Zachary

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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!

-Jessica