Our Attorneys Know The Rules And Can Help
If a police officer stops you for suspicion of driving under the influence of alcohol, the officer will likely administer a DUI breath test at the scene or later at the police station to determine if you are impaired.
A failed DUI breath test result often leads to someone being charged with DUI. That's why it's important to take such tests - and their results - very seriously. Otherwise, you could be charged with DUI and lose your driver's license and be fined or even imprisoned.
DUI attorney Mark Sieron of Aguilar & Sieron, P.A. knows what you're going through. That's because he has worked with countless people charged with impaired driving based on a DUI test in Clay County or elsewhere in Northeast Florida.
A former prosecutor, attorney Sieron has more than three decades of experience working with people charged with DUI. He knows how the legal system works here. That's why he created a DUI overview section on this website - and why he's eager to meet with you.
Types of DUI Tests
There are several different kinds of DUI tests. The most common DUI tests used by police and other law enforcement officials in Florida include:
If you have a failed DUI test result, contact our law firm immediately and schedule an appointment with us. We can explain all the legal options available to you and develop an action plan designed to suit your specific legal needs.
How We Can Help You
When you have Aguilar & Sieron on your side, we can take an aggressive approach towards challenging your DUI test results. Some of the issues we often examine include:
- Was the DUI test administered properly?
- Did the police officer give the DUI test correctly?
- Was the equipment used to give the DUI test defective or improperly maintained?
- Were DUI test samples stored properly?
- Did the police officer explain if the DUI tests were mandatory or optional?
We can help you answer all these questions, then work with you to challenge any questionable DUI test results. Just because you tested positive or failed a field sobriety test doesn't mean you will automatically be charged and convicted of drinking and driving. You have rights - and we will fight for them.
Should I refuse to take a DUI test?
First, it's important to understand the legal implications of refusing to take a DUI test.
Field sobriety exercises are not mandatory. You do not have to take these exercises under Florida state law. As a result, we strongly encourage you to refuse to take a field sobriety exercise if a police officer asks you to take one.
Breathalyzer tests, blood tests and urine tests are different. Under Florida's implied consent law, you are required to take one of these three DUI tests. If you refuse to take one of these tests, you could have your driver's license automatically suspended for 12 to 18 months depending on whether you have refused to take a breathalyzer in the past.
So should you refuse to take a DUI test? We strongly encourage you to not take such tests. But if you do test positive, we may be able to get your DUI test results overturned and deemed inadmissible in court. That's why it's critical that you contact our law firm either way. We know how to take on the legal system in Florida and get results.
This is the most common type of DUI test given by police to determine if someone is driving under the influence of alcohol. Police officers and prosecutors often use a positive breath test to charge someone with DUI in Florida.
Many people assume they have no legal options if they have failed a breathalyzer test. But the reality is you can - and should - challenge your breathalyzer test results. Common reasons why people successfully challenge such results include:
- Breathalyzer test was administered incorrectly
- Police officer failed to use the device properly
- Breathalyzer test equipment was defective or improperly maintained
- Person taking the breathalyzer test falsely tested positive due to:
- Burping within the last 20 minutes
- Having dentures
Whatever the circumstances surrounding your positive breathalyzer test, make sure you contact our law firm as soon as possible. We want to work with you and help you explore all the legal options available to you.
If you refuse to take a breathalyzer test, the police officer may ask you to take a mandatory blood test to determine the amount of alcohol in your body and if your Blood Alcohol Limit (BAL) was above the legal limit of .08%.
Many people simply assume there is absolutely nothing they can do if they test positive for alcohol above the legal BAL in Florida. But legal options to challenging such results do exist. Some of the most common reasons why we successfully challenge positive DUI blood tests include:
- Blood test was conducted improperly
- Blood test was not done by a doctor, nurse, paramedic or another medical professional
- Alcohol swab used to clean area where blood test taken
- Blood sample stored incorrectly (too warm, not sealed properly, etc.)
- Blood sample not stored in a glass tube that contains sodium fluoride
- Blood sample mislabeled
- Blood sample tampered with
- Blood sample stored for more than 7 days without being refrigerated
- Blood sample not hand delivered to laboratory for analysis within 30 days
- Blood sample not analyzed within 60 days of laboratory receiving sample
Don't simply assume there's nothing you can do about your positive DUI blood test. Contact our law firm and learn more about the legal options available to you.
The DUI urine test is used less often in Florida since they are often unreliable. Even so, this test is still one of the three mandatory DUI tests used by law enforcement officials to determine if a driver is impaired.
Like the other two mandatory DUI tests (breath and blood), mistakes can occur which affect urine test results. Some of the most common reasons why DUI urine test results are deemed inadmissible in court in Florida include:
- Urine test produces inaccurate BAL reading
- Urine test administered incorrectly
- Urine test sample not properly labeled
- Urine test sample not stored in a temperature-controlled environment
- Urine test results in false positive DUI result due to diet
If your DUI urine test was positive, contact our firm to learn how we can help.
The most important piece of information to remember about DUI field sobriety exercises in Florida is that you do not legally have to take them. These exercises are completely voluntary and there is no penalty if you refuse to take one. That's why we encourage you to say no if asked to take a field sobriety test. The three most common field sobriety exercises are:
- Walk and Turn - The most common field sobriety exercise, this one requires drivers to walk in a straight line. The test requires people to walk heel-to-toe in a straight line in one direction, turn, then walk back the same way. If you lose your balance or have trouble walking, the police officer will likely try to claim you are intoxicated.
- One Leg Stand - This Florida field sobriety exercise involves the driver standing on one leg, raising his or her foot 6 inches and holding it there for 30 seconds. Even people who are perfectly sober have a very difficult time successfully completing this field sobriety exercise, especially older drivers.
- Horizontal Gaze Nystagmus (HGN) - This exercise involves a police officer shining a light in a driver's eyes and asking the driver to follow the light with his or her eyes without moving the head. Supposedly, impaired drivers' eyes will move involuntarily side to side or up and down, a reaction known as horizontal gaze nystagmus. But there are many other reasons why people's eyes react this way. That's why HGN tests are often unreliable.