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 Palm Beach 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 Palm Beach 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 Palm Beach 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, Palm Beach 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.

How to Avoid Appearing At The Arraignment, After your arrest under DUI charges, and after your release through bail, you will receive a Court Notice issuing you a summons to appear before the Court to plead guilty or not. This first hearing is called an arraignment. You are required to plead guilty, not guilty, or no contest. At this point, the State will not provide any information regarding any witness, Police report, video recordings, or medical reports relating to the case. If you appear on your own, you may be subjected to pressure from the Prosecutor Attorney.

In the absence of your Defense Counsel, the State Attorney will send all necessary documents to you, and prepare the case for future hearings. The Prosecutor will offer you a one-time deal for arraignment. Failure to accept the offer will result in more severe penalties in the future for the defendant. The defendant is deprived of investigating their own case and defense if they appear at the arraignment on their own. In these circumstances, the Court will try to settle the arraignment by applying pressure, so that they can reduce the burden of pending cases.

Those who are unfortunate to not have a Defense Counsel at the time of hearing their arraignment will have to withstand the pressure alone, unsupported of experienced legal techniques, and ultimately submit the case themselves. The only way to get out of the situation is to hire a West Palm DUI Lawyer to stand as your Defense Counsel. Your Attorney will then file a Notice of Appearance, and a written plea of not guilty. This avoids having to appear for the arraignment, and protects you from the pressure of the Prosecuting Attorney. The only way to avoid arraignment without knowing the State’s evidence against you is to hire a West Palm DUI Lawyer. The Defense Attorney will take all necessary steps to ensure that the defendant is not required to attend the first arraignment.