When drivers are arrested in the state of Florida for driving under the influence (DUI), they are subject to especially cumbersome and potentially invasive procedures and requirements. For instance, during and after a DUI arrest, you may be required to submit to a DUI urine test. Florida law requires drivers in the state to operate under what is known as “implied consent.” This means that any and all drivers who are stopped or “pulled-over” on suspicion of DUI MUST submit to either a breath, blood, or urine test if and as requested by the arresting officer.

Your refusal to take such tests causes an instantly problematic situation.The problem, of course, is that refusing such a test exposes drivers to the strict penalties associated with failure to comply with the police officer’s request (orders). This creates a difficult situation in which drivers feel that they need to obey while knowing that doing so may well subject themselves to a test that has provenly been found to yield somewhat less than accurate results. If you have been put in this unfortunate situation, contact Musca Law as soon as you can do so, today if possible to discuss your options, before your available options run out.

What is the purpose of a urine test?

If you submit to a breath test which produces a reading of .08 or less, Florida police officers typically request the urine test . If a police officer has ruled out alcohol by itself due to the breath test, but still believes that you are under the influence, s/he may automatically suspect the influence of drugs, and therefore they use urine tests to find traces of those alleged drugs. The tests may find traces of simple street narcotics like marijuana, more serious drugs like cocaine and non-prescription drugs. They can even use prescribed medications against you in court.

Problem with urine tests and reliability

So, the question is why do you need to contact a Fort Lauderdale DUI lawyer when you’ve submitted to a urine test? The answer to that question is the heart of the issue: it has everything to do with validity and reliability. Though often employed by police officers, these tests have shown to be unsuccessful in pinpointing the exact time a drug was used. For example, you could be found guilty on the basis of a certain cough syrup ingested many hours before. The Fort Lauderdale DUI lawyers at Musca Law can work to ensure that this evidence is thrown-out, thus excluding it from the hearing and making sure that it never sees the courtroom.

A Fort Lauderdale DUI attorney can and will work with you by filing motions to exclude urine tests well before the trial even begins. Through our use of expert testimony and effective advocacy, Fort Lauderdale DUI attorneys are able to prove the unreliability of these tests. When the state’s case hinges so heavily on these unreliable urine tests, they are often unable to continue when that evidence is excluded, resulting in acquittal or a withdrawal of charges, or at least a dramatically reasonable plea to a lower charge and fines scenario.

Fighting a wrongful DUI requires the best possible representation, and excluding a DUI urine test can mean the difference between a conviction and a dismissal. Musca Law will fight for your rights before and throughout the trial process. It is our reputation that will be your representation.

What Happens After A DUI Arrest?, After you are arrested on charges of DUI, you are required to pay a bond for securing bail. You can pay the full amount of the bond or appoint a commercial bail bondsman to pay the sum on your behalf. If the latter is the case, you are required to pay a percentage of the bond money to the bondsman as a non-refundable fee. In case you pay the bond amount, you are liable to get a refund of the entire amount if you are acquitted by the Court. In case somebody other than the bail bondsman pays the amount, you are advised to have the individual assign the rights of the bond to you once he gets reimbursed. This entire process of assignment is conducted efficiently by a Fort Lauderdale DUI Lawyer.

After you are arrested, you will be notified through a mail about the date fixed for appearing at the Court. At the time of your appearance at the Court, you will be required to file a plea of either guilty, not guilty, or no contest. It is always advisable to plead not guilty as you may affect your chances of contesting the evidence, the right to file motions, and exert your rights. By pleading not guilty, you are entitled to be represented by an Attorney who will investigate whether your rights were violated by the Police. The Defense Counsel is given adequate time to investigate all that occurred prior to the arrest, so that they can defend the accused. An experienced Fort Lauderdale DUI Lawyer will proceed with the motion to suppress evidence before your DUI trial. The issues raised in the motion to suppress evidence include whether your rights were violated, the Police Officers had sufficient cause to arrest you, whether your statement was in violation of the Miranda Rights, or the samples of your urine or the breath test was properly conducted.