Fort Lauderdale Requesting Urine When Police Only Suspect Alcohol Attorney
Urine tests are one of three types of chemical tests used by police officers to detect the presence of alcohol in a person’s system. Blood draws and breath tests are the other two types. Under the implied consent laws of the state, all motorists are required to submit to these tests when asked by law enforcement.
However, police officers also have certain limitations when asking drivers to take these tests. One of those is that they can only ask for a urine test if they believe you are impaired by drugs, and not alcohol. If you have submitted to a urine test that is now being used against you, our Fort Lauderdale requesting urine when police only suspect alcohol attorney can help you beat your charges.
The Implied Consent Law and Requesting Urine When Police Only Suspect Alcohol
Like all states, Florida has an implied consent law that stipulates that all motorists must submit to a chemical test when asked by law enforcement. A refusal to submit to these tests will result in an automatic one-year suspension of your driver’s license, regardless of the outcome of your DUI case.
Most of the time, a police officer will ask for a urine test after a driver has blown below the legal limit of 0.08 percent during a breath test. Under the implied consent laws of the state, this is an unlawful practice. After you blow below the legal limit, a police officer can still ask you for a urine test, but only if they suspect that you are impaired by drugs, not alcohol. Just as when they pull you over for a suspected DUI, the officer must have probable cause that you are under the influence of drugs, which involves more than just a hunch.
Filing a Motion to Suppress After Requesting Urine When Police Only Suspect Alcohol
Police officers know they cannot request a urine test if you have passed a breath test but they still suspect that you were driving while impaired. However, they usually count on the fact that driver’s do not know this law, and many do not. It is critical to work with a attorney after being charged for a DUI after taking a chemical test.
A attorney will understand the law and determine whether a police officer has the right to ask you to take a test. If not, the attorney will file a motion to suppress with the court. If successful with their motion, any evidence obtained after law enforcement broke the law is suppressed, meaning it is inadmissible in court and cannot be used against you.
Our Requesting Urine When Police Only Suspect Alcohol Attorney in Fort Lauderdale Will Uphold Your Rights
If police asked you to submit to a urine test after passing a breath test, that can provide the defense you need in your DUI case. At Meldon Law, our Fort Lauderdale requesting urine when police only suspect alcohol attorney will know how to get the results of your test suppressed so you have the best chance of beating the charges. Call us today at 800-373-8000 or contact us online to schedule a free consultation.