Florida Statute 316.1932 says that “any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test…” Essentially, by driving a car you’re agreeing to submit to testing if an officer thinks you’re driving under the influence. Simple, right?
Well, no.
The officer has to be able to explain, within certain legal parameters, why he or she thought you were driving. And why he or she thought you were under the influence. There are also clear differences in your rights related to chemical testing versus physical testing (Field Sobriety Exercises). Further, the statute says “the chemical or physical breath test must be incidental to a lawful arrest.” Does that mean an officer can’t test you unless you’re already under arrest? Do Miranda warnings need to be administered first?
There are also laws and rules about blood tests versus breath or urine. And the rules change if someone is injured or killed. There’s a different between consenting to give a sample if the officer reads you implied consent versus if he or she does not. And there are times an officer can take blood even if you don’t consent.
These DUI alcohol/chemical testing rules are delicate and advanced. New cases come out regularly setting standards that officers and courts must follow.
If you have a DUI case it is so important that you hire an attorney with the time, knowledge and skills to closely examine every facet of your case. Call us at Dunham and Ingram today to get the legal representation your case deserves.