First, any officer administering a Chemical Test must adhere to FDLE rules that govern how these tests can be administered. These rules are quite specific and if an officer fails to follow any of them, an experienced and successful Florida DUI attorney can easily help you file a motion to suppress the results of the test.
Since the case against you is built around if you were past the legal limit at the time you were driving, a breath test will only be accurate if administered at the side of the road instead of hours later at the police station. What you actually score on a breath test is dependent upon all kinds of things including:
· Your weight and metabolism
· If you ate, how much you ate, and what you ate
· What you drank, how much you drank, and when you start and stopped
With a breath test, it will be up to the prosecution to try to determine what your breath alcohol reading was when you first stopped depending upon these factors and the time at which the test was given.
By Florida Law, if you are operating a motor vehicle, you’ve already given your consent to chemical testing of your blood, breath or urine if suspected of driving while under the influence. If you refuse a breath test, officers are, by law, allowed to use reasonable force to obtain a blood sample.
The blood sample is tested via gas chromatography. The suspect’s blood, in this case, is compared to a controlled sample with normal amounts of alcohol. In the event a suspect was in an accident, the blood sample may be taken at the hospital with a different process that will yield in a less accurate reading as well.
The urine test is actually administered improperly quite frequently. Rules stipulate that anyone giving a BAC urine test must:
· Empty their bladder completely and then wait 20 minutes before they give a urine sample.
The UA tests the alcohol concentration in water which often leads to quite inflated results because alcohols concentration in water is 1.33 what it is in a blood sample. Therefore, a blood sample is a much more accurate test.
If you were subjected to a UA and believe it was administered incorrectly, you need to have your attorney file a motion to dismiss the findings of the test immediately.
Still have questions?
Please call us for a free appointment with Miami business attorney Yoel Molina in our Miami office at 305-548-5020.