DUI Chemical Tests
DUI Attorneys Serving Ocala
If you are pulled over, and a police officer suspects you of DUI, then you may be asked to perform some field sobriety tests. It is important to recognize that you cannot be penalized for refusing these tests; however, there is an implied consent law in Florida regarding chemical tests. If a police officer has probable cause and they arrest you for drinking and driving, then they can take you to perform a chemical test.
The implied consent law in Florida states that if you are driving on the roads in Florida, then you agree to take these tests when asked. A refusal of a chemical test can result in increasingly severe penalties per offense. In addition to the penalties for a DUI conviction, you will face license suspension for one year for chemical test refusal. A second or subsequent offense of chemical test refusal will result in license suspension for 18 months as well as misdemeanor charges.
What is a Chemical Test?
A chemical test is a medical or scientific method of determining your BAC (blood alcohol content). The evidence obtained in these tests are often thought to be highly convincing; however, it is important to know that with each test, there are various errors and inconsistencies that can produce false readings.
Breath Test
A breath test is administered by having a suspect breath into a machine
that will measure alcohol on their breath. This is a highly faulty method
as this test only measures alcohol on a person's breath, not in their
blood. Additionally, the slightest amount of alcohol in a person's mouth
will drastically alter the outcome of the test.
Blood Test
The blood test is administered at a health facility once an arrest has
been made. While this test deals directly with the blood and is generally
more reliable than a breath test, an important aspect is that a length
of time generally elapses between the time that a suspect was driving
and the time that the test is administered. This can result in altered
readings and false evidence.
Urine Test
A urine test is administered by testing an individual's urine for alcohol
content. This has similar issues regarding unreliable evidence as does
the blood test. One other factor in every chemical test is human error.
Whenever a person is involved in transporting a specimen, or hand-copying
information, there is always the possibility that a mistake is made.
Defending Your Case in Court
If you have been arrested and charged with the crime of DUI, then you need skilled representation on your side that can help you effectively pursue the results that you need for your future. Our Ocala criminal defense lawyers at Dunham & Ingram have served the residents of Marion County who are charged with crimes for a number of years. In addition, our team includes a former prosecuting attorney and a former public defender; an advantage that few other firms can offer to their clients.
Contact a Marion County DUI lawyer from Dunham & Ingram today to discuss your situation and to begin the process of retaining the representation that you need on your side.