Breath, Blood & Urine Alcohol Testing
Plant City DUI Lawyer
As part of a DUI arrest, Florida law requires a breath test, or in some circumstances blood or urine tests. Florida law also provides for penalties for those people who refuse to take the breath test (or in some circumstances blood or urine tests ).
Deemed Consent to Testing
Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages.Must Be Reasonable Cause to Stop
The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages. The administration of a breath test does not preclude the administration of another type of test.10 Day Time Limit to Request Drivers License Hearing!
You only have ten days from the time of your ticket to request an administrative hearing to save your drivers license.
Act Now! Call Byrd & Barnhill at (813) 759-1224
Warning by Law Enforcement Officer Required
The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person's privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such a test or tests, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties. The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.Urine Testing
Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to a urine test for the purpose of detecting the presence of chemical substances as set forth in s. 877.111 or controlled substances if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of chemical substances or controlled substances. The urine test must be incidental to a lawful arrest and administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of a motor vehicle within this state while under the influence of chemical substances or controlled substances.Place of Urine Testing
The urine test shall be administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such test in a reasonable manner that will ensure the accuracy of the specimen and maintain the privacy of the individual involved. The administration of a urine test does not preclude the administration of another type of test.Hometown Attorneys Working For You
Johnnie Byrd and David Barnhill live and work in Tampa Bay because we believe it is a great place to live, work and raise a family. We are not a satellite office of a statewide multi-lawyer firm. We offer our legal services to clients in the Tampa Bay area in Tampa, Brandon, Plant City, Temple Terrace, Riverview, Ruskin, Apollo Beach, Sun City, Wesley Chapel, Wauchula, Mulberry, Zephyrhills, Bartow, Keysville, Pinecrst, Walden Lake, Fish Hawk, Turkey Creek, Seffner, Lakeland, Land O Lakes, Antioch, Belleair Beach, Belleair Bluffs, Bloomingdale, Boyette, Carollwood, Clearwater, Dover, Egypt Lake, Gibsonston, Gulf City, Gulfport, Hopewell, Indian Rocks Beach, Indian Shores Beach, Kenneth City, Largo, Lithia, Lutz, Madeira Beach, Mango, Marvina, New Tampa, North Redington, Oldsmar, Orient Park, Palm River, Pasadena, Pinellas Park, Redington Beach, Redington Shores, Seminole, St. Petersburg, St. Pete Beach, Tampa Palms, Thonotosassa, Tierra Verde, Trapnell, Unincorporated Hillsborough County, Unincorporated Pinellas County, Welcome, and Wimauma. We are located just two blocks from the Plant City Court House.
Conveniently located just two blocks from the Plant City Courthouse
Byrd & Barnhill, P.L., 206 North Collins Street, Plant City, Florida 33563
Telephone (813) 759-1224 Fax (813) 759-1101
Email: johnnie@byrd-law.com
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