If you have been pulled over for suspicion of driving under the influence, understanding the implied consent statute, your rights, and potential defenses with the guidance of a knowledgeable Palm Beach Gardens DUI attorney can be crucial in navigating these situations effectively.
What is the Implied Consent Statute?
Under Florida’s implied consent statute, when you get your driver's license, you automatically consent to submit to a breath, urine, or blood test when pulled over for a potential DUI. However, a lawful arrest must be made before this statute can be enacted. The most common test administered is the breath test. However, when someone gives a sample under the legal limit, the police typically will ask for a urine test for DUI.
Instances When a Urine Test May Not Be Legal
Under Florida statute 316.1932, according to section (1)(b), a urine test must be incidental to a lawful arrest and who was in actual physical control of the motor vehicle while under the influence of chemical or controlled substances. For law enforcement to ask for a urine sample, there must be some indication a person is under the influence of a chemical or controlled substance. Urine tests for DUI cannot be automatic when there is a low BAC. Simply blowing under the legal limit does not indicate that someone is under the influence of a chemical or controlled substance.
There Must be Evidence of Chemical or Controlled Substance Use
Local courts have held merely blowing under the influence is not enough. In one particular case here in Palm Beach County, a person was arrested for DUI when the officer pulled the defendant over after driving at a high rate of speed. The officer noticed a slight odor of alcohol on the defendant and smelled a stale odor of burnt marijuana. The officer’s report only mentioned alcohol as a cause of impairment and did not include the use of marijuana as an indicator of impairment. However, a urine test was requested after the person blew under the legal limit. This defendant's attorney successfully argued since there was no suspicion that the impairment was due to a chemical or controlled substance, there was no reason to request the urine sample. As such, the sample was suppressed.
This means that there may be one due to the implied consent statute, even though you may feel there is no defense for a breath or urine sample that puts you over the legal limit.
Contact Our DUI Attorney in Palm Beach Gardens for a Consultation
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