Florida DUI Urine Test
Florida's per-se laws make it a crime for drivers to operate a vehicle while their blood alcohol content (BAC) is .08% or above. While breathalyzer tests are most commonly used to evaluate BAC, a urine test may be used as an alternative and is considered an option where breath or blood tests may not be as effective. However, urine tests are not very reliable, and a qualified DUI defense lawyer may be able to challenge your results.
When Are Florida Urine Tests Administered?
If a police officer suspects you may be driving under the influence of a chemical or controlled substance, he or she can ask you to submit to a urine test. Even if there are times when you take a breathalyzer and blow beneath the legal limit, an officer can still request a urine sample if he or she believes that you are under the influence of drugs rather than alcohol.
Through Florida's Implied Consent law, you have already agreed to breath, blood, or urine testing if you are granted the privilege of driving. Refusal to take any of these tests will result in penalties of fines and license suspensions that last anywhere from six to 18 months.
Every law enforcement agency has its own procedures when it comes to breath and urine testing. Some agencies require a urine sample when a breath test reads below a .05% in order to conduct a more thorough analysis of the blood alcohol content (BAC). There is also the possibility that procedure dictates that an officer is required to witness the “collection of the specimen” of a urine test, in order to eliminate potential problems.
Can I Challenge My Urine Test Results?
Urine tests provide the same possible difficulties as blood tests, including the length of time required to wait for the results, proof the sample is not tampered with or taken correctly, or mistakes with the actual testing. A DUI defense attorney can work with an expert witness to determine if your reading was accurate.
Don't let the results of the urine test determine whether or not you plead guilty. To learn about the potential defenses against this test, please fill out our online form to request a free evaluation of your case.