In many DUI cases in Fort Lauderdale and Broward County, FL, the arresting officer will request a urine test. In order for the arresting officer to request a urine test, he must have reasonable suspicion that the suspect was under the influence of a chemical or controlled substance.
This issue often arises then the person arrested for DUI provides a breath sample below .08. In those cases, the officer might claim that the breath sample doesn’t explain the impairment observed. The officer might then use the breath sample to justify the request for a urine test.
If the officer didn’t really have reasonable suspicion of impairment due to any chemical or controlled substance, then your criminal defense attorney can exclude evidence that is gathered after the illegal request for a urine sample including evidence that you refused to submit or the urine sample results showing the presence of drugs.
Attorneys for the Urine Test in West Palm Beach, FL
If you were arrested for a DUI involving a urine test in Broward County or Palm Beach County, then contact an experienced DUI defense attorney at Meltzer & Bell. With offices in West Palm Beach and Fort Lauderdale, FL, our attorneys represent clients throughout Broward County and the surrounding areas in South Florida.
Call (954) 745-7457 today to discuss your case.
Procedures for a Urine Test After a Breath Test of Less Than 0.08%
In many of these cases, the suspect will submit to a breath test and blow below at 0.08%. In those cases, the officer is NOT supposed to take the driver’s license or submit any paperwork to the Department of Highway Safety and Motor Vehicles (DHSMV) to trigger the administrative suspension.
If the person has a BAC level of less than 0.08% then no presumption of impairment occurs. If the person arrested for DUI has a BAC level of.05% or less, then under §316.1934(2)(a) Florida Statute, the law presumes that the person is not under the influence of alcoholic beverage to the extent that his or her normal faculties are impaired.
In these cases, the criminal defense attorney will typically file a motion to contest whether the arrest was legal and move to suppress any evidence gained as a result of the illegal arrest. If you blow under a 0.05%, the officer will not immediately admit the mistake and release you from custody. Instead, the officer will typically request that you submit to a urine test that can be submitted for testing to determine the presence of any chemical or controlled substance.
If the BAC is 0.05% or below and if the officer has reasonable cause to believe that the driver is impaired by a chemical or controlled substance, then the officer might request that the suspect submit to a urine sample to test for the presence of alcohol or other chemical substance.
The officer will place the urine sample in a refrigerated storage in the evidence unit so that it can be tested for alcohol or other chemical substances. The officers are trained to deliver the urine sample for testing in the same manner as a blood sample.
Refusal to Submit to Urine Testing in Fort Lauderdale, FL
If the suspect refuses to submit a urine sample, then under Florida Statute §316.1932(1)(a), the arrestee must be advised that the refusal will result in the suspension of the person’s privilege to operate a motor vehicle.
In many of these cases, a person will take the breath test and blow under the legal limit and then refuse to submit to a urine test. Sometimes that refusal has nothing to do with the person’s “consciousness of guilt” and everything to do with feeling that they have been treated unfairly by the arresting officer in Broward County or Palm Beach County.
Contact a DUI defense attorney experienced in fighting to exclude the urine test or mention of an alleged refusal to submit to a urine test in Fort Lauderdale or West Palm Beach, FL. Call us today for a free consultation.
This article was last updated on Monday, November 14, 2016.