Gainesville, Bushnell and Ocala DUI Defense Lawyer

Blood Alcohol Testing and DUI Charges in Florida 

Blood alcohol testing is used to determine a driver's blood alcohol concentration (BAC). Breath tests, conducted using the Intoxilyzer 8000 TM, blood tests and urine tests may be used to determine whether there is alcohol in a person's body. All these tests have experienced scrutiny and controversy because they are not entirely accurate in determining a person's BAC.

Gainesville DUI attorney Robert G. Whittel knows what to look for in improperly administered blood alcohol tests. For instance, did you know that each breath testing machine must be properly calibrated and certified in order for its results to hold up in court? Also, an improperly collected or tested blood sample may show an incorrect result which could be challenged.

When you work with DUI defense lawyer Robert Whittel, he will thoroughly review every aspect of your testing, arrest and charges in order to determine if you may be able to contest the results of the blood alcohol testing that was used to determine your BAC.

Implied Consent and Blood Alcohol Testing

In Florida, if you are arrested for driving under the influence and refuse to submit to chemical testing to determine your blood alcohol level, you will face penalties for your refusal. For a first offense, you will face a driver's license suspension for 1 year and for a second offense a license suspension of 18 months. Additionally, a 2nd or subsequent refusal of blood alcohol testing may be charged as a criminal offense - a 1st degree misdemeanor, for which the penalty is up to 1 year in county jail.

When you obtain your driver's license in Florida, the document you sign has a stipulation regarding your agreement to submit to chemical testing if you are suspected to be under the influence of alcohol or drugs. This is what "implied consent" refers to, and this is why there are penalties if you refuse to take a blood alcohol test.

Whether you agreed to or refused chemical testing, a lawyer will need to evaluate your unique situation to see what can be done to defend your case. We may find that the officer did not read you your Miranda rights or that you were not told that your refusal of breath testing would result in penalties. This may help your attorney defend your case in court.

Arrested for DUI in Gainesville, Ocala or Bushnell, Florida? Contact the Law Offices of Robert G. Whittel today!