Fort Lauderdale Bashful Kidney – Inability to Urinate Not Refusal Attorneys
Police officers can ask you to submit to a number of chemical tests if they suspect that you are driving while impaired. These include the breath test, the urine test, and a blood draw. If you refuse to take these tests, you will face certain penalties, including a one-year driver’s license suspension for a first offense.
However, there are times when a person may be unable to perform these tests, and that inability is not considered a refusal. If you were asked to take a urine test and could not, our Fort Lauderdale bashful kidney – inability to urinate not refusal attorney can help you get important evidence suppressed.
Implied Consent and Bashful Kidney – Inability to Urinate Not Refusal
The implied consent law in Florida stipulates that in exchange for the privilege to drive, all motorists in the state provide their implied consent to chemical tests every time they get behind the wheel. As a result, refusing to take these tests can result in very serious penalties, including jail time if the driver has prior offenses.
The implied consent law also states that police officers cannot ask for a urine test unless the officer believes the driver is impaired by drugs, and not alcohol. Even if the officer believes a driver is impaired by drugs, not everyone is able to urinate on command. Some people may simply not have to urinate, while others may have medical conditions that prevent them from urinating frequently. In these cases, the driver may consent to the test, but may simply be unable to do it.
Getting Evidence Suppressed After Bashful Kidney – Inability to Urinate Not Refusal
If you could not submit to a urine test, but you did consent to one, the failure to perform cannot be used against you in court. While the test results cannot be suppressed when no test was taken, the fact that you did not take the test can be thrown out of court. A attorney will know how to prove that you did not refuse, but that you physically could not take the test.
If successful with this argument, any evidence that shows you did not take the test is considered inadmissible and cannot be used against you. That is often one of the strongest defenses because when that evidence is suppressed, it often greatly weakens the prosecution’s case and may even result in your charges being dismissed.
Our Fort Lauderdale Bashful Kidney – Inability to Urinate Not Refusal Attorney Can Assist with Your Case
If police asked you to submit to a urine test because they suspected you were impaired by drugs, our Fort Lauderdale bashful kidney – inability to urinate not refusal attorney at Meldon Law can help with your case. After reviewing the facts of the case, we will determine if a motion to suppress is appropriate and give you the best chance of beating your charges. Call us today at 800-373-8000 or contact us online to schedule a free consultation.