Highway patrol officers may try to secure an arrest after pulling someone over for suspicion of driving under the influence (DUI) by not fully explaining their rights and legal options at the time. To empower yourself and increase your chances of staying out of jail or facing serious charges, there is some basic information regarding breath and blood tests you should know. If you have already been arrested and charged based on the results of a breath or blood test, contact The Wiseman Law Firm today. Our Orlando DUI attorney can provide you with the zealous defense representation you need and deserve.
If a police officer asks you to take a breath test while you are still roadside, you should ask them if the test is mandatory or required. Most likely, they should tell you ‘no,’ the test is not mandatory. In this case, it is considered a field sobriety test, which can be refused without immediate legal consequence.
You should refuse nearly any field sobriety test because:
A blood test is altogether different than the average roadside breath test a police officer may ask of you after you have been pulled over for suspicion of a DUI. Chemical tests, such as blood, breath, and urine tests, must be conducted back at the police station; you will be detained and brought to the station but this does not mean you have been arrested or charged yet. Using large machines that are supposedly accurate, the police will gain a reading of your blood alcohol content (BAC) level; if it reads out as more than 0.08%, you will be arrested and charged.
You should never refuse a blood or chemical test because:
Due to recent changes in federal legislation, blood tests will also require a warrant to conduct, as it constitutes an invasive search and seizure of your property, i.e. your blood. As it may take several hours for the police to obtain a valid warrant, you could, theoretically, sober up and fall well under a 0.08 BAC level by the time the blood test is conducted.
Our Orlando DUI attorney is a former prosecutor who has seen numerous criminal cases to trial. With his insight and know-how, you can stay steps ahead of the prosecution after you have been accused of a DUI, based on a BAC test result or not. If you want to know more about our services – which are available 24/7 – send us an email or call (407) 708-9127 and we will get back to you as soon as possible.