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Chemical Test Refusal in Fort Myers

Building a Defense with Our Fort Myers DUI Attorney

Under Section 316.1932 of the Florida Statutes, anyone who accepts a driver's license in Florida, or anyone who is allowed to drive in this state is, by operating a motor vehicle, expected to have provided their consent to submit to a physical test or a chemical test.

This includes one of the following to determine the blood alcohol concentration of their blood or breath while they were operating a motor vehicle:

  • Blood
  • Breath
  • Urine

Under Florida law, the chemical test must be incidental to a lawful DUI arrest and it must be conducted at the request of a member of law enforcement who has sufficient reason to believe that the driver was in physical control of a motor vehicle while under the influence of alcoholic beverages.

What to Expect if You Have Allegedly Refused a Chemical Test

When the police requests a chemical test in the form of a blood, breath or urine test, the officer is required to inform the suspect that their failure to submit to a chemical test will result in a one year driver's license suspension upon a first refusal. If the driver's license has been suspended before for a refusal, it will be automatically suspended for a period of eighteen months if they refuse again. Additionally, when a driver refuses to submit to a chemical test in a DUI stop, their refusal can be submitted as evidence for any criminal proceedings.

Chemical Tests for Drugs

In addition to alcohol, any person who accepts the privilege of driving in the state of Florida, is also assumed to have given their consent to submit to a urine test for the purpose of detecting the presence of any controlled substances.

These include:

  • Marijuana
  • Cocaine
  • Methamphetamines
  • LSD

Urine tests are to be administered at either a detention facility, or another facility that is properly equipped to administer a urine test that will both ensure accuracy while maintaining the suspect's privacy at the same time.

As with breath and blood tests, the suspect must be informed that his or her refusal to submit to a urine test will result in a one-year automatic driver's license suspension upon a first refusal and for a period of eighteen months if the person has had their license suspended before for such a refusal. When people refuse to submit to a chemical test in the form of a blood, breath, or urine test, then they commit a misdemeanor offense in addition to other penalties.

Florida Law on Giving Consent

In Florida, even non-residents or anyone else driving in the state is deemed to have provided their consent to submit to a chemical test. As the law pertains to blood tests, only a licensed physician, or a certified paramedic, or a registered nurse, or a license practical nurse, or another person authorized by a hospital for drawing blood, or a license clinical laboratory director, supervisor, or technician acting at the request of a police officer is allowed to withdraw blood for the purposes of measuring alcohol or other controlled substances in the person's blood.

DUI Attorney for Chemical Test Refusals

Breath, blood, and urine tests are not infallible, and even they are subject to interpretation and questioning. At Calvo & Calvo, Attorneys at Law, we have extensive experience challenging the admissibility and reliability of such tests. There are many ways that an error can occur during the administration of a chemical test; however, it takes the assistance of an experienced DUI attorney to unearth such flaws and use them to the client's advantage.

When it comes to DUI charges, they most certainly can be fought and won, and which Fort Myers DUI lawyer you choose to hire can make all the difference in the outcome of your case.

If you have been arrested for DUI and either submitted to a chemical test and registered above the legal limit, or if you refused to submit to a chemical test, then we urge you to contact our office right away.

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