It’s illegal to drive a vehicle in the state of Florida if your blood alcohol concentration (BAC) is .08% or higher. If an officer suspects you of driving under the influence, he or she will test your BAC to determine if it’s above the legal limit of .08%. If he or she discovers that your BAC is .08% of higher, you will be arrested and charged with DUI. There are three types of chemical tests that are frequently used to determine a driver’s blood alcohol concentration level:
1. Blood Tests: to take a blood test you will be brought back to the police station where a trained technician will administer the test and analyze the results.
2. Breath Tests: to take a breath test you will be instructed to blow into a hand-held machine, most likely the Intoxilyzer 8000. The machine will read your breath alcohol, which is believed to directly correlate with your blood alcohol concentration.
3. Urine Tests: to take a urine test you will be brought back to the police station where you will be instructed to provide a urine sample. A technician will analyze your sample to determine your BAC level. Urine testing is most commonly used to test for evidence of driving under the influence of drugs.
Do I have to Submit to a Breath/Breath/Urine Test?
If an officer asks you to perform a breath, blood, or urine test, you are not legally required to submit. However, if you refuse to take one of these tests, you will lose your driver’s license for at least one year. The best way to approach this situation is to ask yourself if the consequences of refusing the test are better or worse than if you were to take the test and fail it.
Contact Miami DUI Attorney
If you have been charged with a DUI, and you took a breath, blood, or urine test, it’s essential that you contact a skilled DUI attorney to defend you in court. Miami DUI defense lawyer Bret Lusskin will investigate your case to ensure that the arresting officer administered the test properly, that all equipment was functioning correctly, and that he/she had probable cause to arrest you. Mr. Lusskin will zealously challenge the prosecution’s case, and work hard to clear you of your DUI charges. A DUI is a stressful, frightening, and confusing experience. Mr. Lusskin is always available to discuss your questions and concerns, and will provide you with the undivided dedication and attention you deserve during these overwhelming times.
To set up a free initial consultation with Miami DUI Defense Attorney Bret Lusskin, please call (954) 454-5841 or (888) 662-4828. Mr. Lusskin is offers his legal services to clients in Miami-Dade County, Broward County, and Palm Beach County, Florida.