Fort Lauderdale Warrantless Urine and Blood Tests Attorney
Chemical tests such as breath, urine, and blood draws are highly misunderstood by regular citizens in Florida. Still, it is crucial that everyone knows the law because if not, law enforcement officers may use that lack of knowledge against you and violate your rights. If you have been charged with driving under the influence after a chemical test, our Fort Lauderdale warrantless urine and blood tests attorney can advise you of your options and provide the solid defense you need.
Are Warrantless Urine and Blood Tests Legal?
Determining whether a warrantless urine or blood test was legal was largely done on a case by case basis, historically speaking. However, a fairly recent landmark case, Birchfield v. North Dakota, was decided on by the U.S. Supreme Court in 2016. In this case, the highest court in the land determined that while police officers do not have to obtain a warrant to administer a breath test, blood tests do require a warrant.
The Supreme Court explained in their decision that blood draws are far more invasive than other types of testing. While breath tests only require a driver to blow into a device, blood tests require a needle that pierces the skin and takes a person’s bodily fluid. The blood also contains much more information about a person than just their breath and this is another reason warrants are necessary.
Florida Court Opinion on Warrantless Urine and Blood Tests
When ruling on Birchfield v. North Dakota, the Supreme Court did not make any mention of warrantless urine tests. However, many courts in Florida have determined that urine tests also require a warrant. Urine tests are not as invasive as blood tests, but they are also much more invasive than breath tests. This is because while a breath test will only collect information about a person’s blood alcohol content, much more information can be obtained from a urine test.
Motion to Suppress Evidence After Warrantless Urine and Blood Tests
Any time a police officer illegally draws blood or requires someone to submit to a urine test and they do not have the appropriate warrant to do so, it is a violation of the accused’s Fourth Amendment rights. As a result, a attorney will file a motion to suppress with the court, which will result in any evidence obtained after an illegal search to be thrown out of court so it cannot be used against you. Often, chemical test results are the strongest types of evidence the prosecution has and without them, they are forced to drop the charges against you.
Our Warrantless Urine and Blood Tests Attorney in Fort Lauderdale Can Make Things Right
You have rights, even when law enforcement suspects that you have committed a crime. At Meldon Law, our Fort Lauderdale warrantless urine and blood tests attorney knows how to ensure those rights are upheld to give you the best chance of beating your charges. Call us today at 800-373-8000 or fill out our online form to schedule a free consultation and to learn more about how we can help.