Fort Lauderdale Reasonable Assistance For Independent Blood Draw Attorneys
Breath and blood tests are two of the most common types of chemical tests a police officer may ask you to submit to if they suspect you are driving under the influence. In some situations, these two types of tests have an effect on each other. Chemical tests are not always accurate and when a driver is not under the influence, they may realize this after they fail a test. If you have been charged with a DUI after taking a chemical test, our Fort Lauderdale reasonable assistance for independent blood draw attorney can provide the defense you need.
Implied Consent and Reasonable Assistance for Independent Blood Draw
Under Florida’s implied consent law, all motorists are required to submit to chemical tests when asked to do so by police. These chemical tests include urine, blood, and breath tests. Driving under the influence is illegal and the implied consent law is in place to ensure motorists do not drive while impaired. Under the implied consent law, drivers must agree to take a chemical test when asked by law enforcement in exchange for the privilege of driving.
If a driver refuses to submit to a chemical test, they will have their driver’s license suspended for a period of one year if it is their first offense. The suspension remains in place regardless of the outcome of the DUI case.
Police Must Provide Reasonable Assistance For Independent Blood Draw
The first chemical test police officers will typically administer is the breath test. Breath tests are not always accurate. Machines are not always calibrated properly, and officers do not always receive the adequate training to administer these tests properly. As a result, breath tests often show that a driver is over the legal limit of 0.08 percent even when they are not.
If a driver suspects that the results of the breath test are not accurate, they can ask the police officer for an independent blood draw. The officer is obligated to not only allow you to access this type of test, but also help you in obtaining it. The blood draw must also be taken within a reasonable amount of time after the breath test.
It is important to note that police officers are not obligated to provide reasonable assistance if you refuse a breath test. You must first take the breath test before asking for a blood test. If you took a breath test and asked for a blood test, and the police officer did not help you obtain one, it can greatly help your case. The results of your breath test will be thrown out of court, and those are often the strongest piece of evidence the prosecution has for their case.
Call Our Fort Lauderdale Reasonable Assistance For Independent Blood Draw Attorney Today
If you have been denied a blood test after taking a breath test, our Fort Lauderdale reasonable assistance for independent blood draw attorney at Meldon Law can help you get your test results thrown out. Call us today at 800-373-8000 or contact us online to schedule a free consultation.