Legal Question in DUI Law in Florida

in florida do you have to submit to a urine test after they did 2 breathalizer tests that were below the .08 legal limit?


Asked on 7/14/12, 4:49 am

1 Answer from Attorneys

Joseph Vredevelt Best Vredevelt & Associates

I have litigated this many times. A urine test should only be conducted if a police officer has probable cause to believe the driver is impaired by drugs or controlled substance. Many times police think that just because a reading is .00 or under the .08 limit it gives them authority to do other testing. There needs to be other factors such as smell of marijuana, white powder substances, or pupil constriction to give the necessary cause.

You never have to submit to any test in Florida, however, if the police are correct in their belief of drug use, you stand to lose your license for 12 months and the refusal can be used against you in trial. If you have any other questions please contact me any time.

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Answered on 7/14/12, 6:01 am


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