DUI Tests in Tampa, FL
Field Sobriety Tests, Chemical Tests & DUI Evidence
DUI tests are used to determine a driver’s blood alcohol level, also known as their blood alcohol concentration, or BAC. In Florida, a driver can be arrested if they are found driving with a BAC of 0.08% or if their abilities are impaired by alcohol and/or drugs.
When you get your driver’s license in Florida, you give implied consent to submit to chemical testing in the event of an arrest. This means that if you are pulled over and asked to take a field sobriety test, a breathalyzer, or go in for blood analysis, but you refuse, you could face misdemeanor charges, driver’s license suspension, and more.
To determine a driver's intoxication, Tampa police officers use specific tests, outlined in more detail below.
Field Sobriety Tests
There are three “standardized” field sobriety tests:
- The walk and turn
- The one-leg stand
- The horizontal gaze nystagmus
All of these are administered to test the driver’s balance, coordination, and ability to listen to and follow directions. Poor performance is considered a sign of intoxication or impairment.
Breath Tests
Another form of DUI testing uses a breathalyzer, which can be administered roadside or at the police station. The driver blows into the device, which measures the concentration of alcohol in the driver’s lungs to determine their blood alcohol level. Breathalyzers are subject to user error and malfunction, so even a “failed” breath test is not necessarily a guarantee that a driver is guilty of DUI. Test results can be challenged.
Blood Testing
A blood exam is considered one of the most accurate forms of testing a driver’s BAL. This is either done at a hospital or police station by a certified individual who draws a blood sample and sends them off to the lab for testing. Though this test is considered accurate, there are still ways in which a blood test may be faulty. For example, if the sample was not properly stored, or if the standard chain of custody was ignored, the results could be inaccurate.
Drug Testing
When a driver is pulled over and arrested for driving under the influence of drugs (including illegal substances and prescription medications), they may be required to take a blood or urine test to determine the presence of drugs in their system. However, the major flaw with these tests is that, while they can detect the presence of some drugs, they cannot determine when these drugs were taken or if the driver was impaired while driving.
Challenging DUI Tests
DUI tests are NOT perfect. In fact, they are often flawed and can be successfully challenged by someone who understands how they work. As a former prosecutor and DUI defense attorney with more than 20 years of experience, Attorney Jeff Paulk understands the science behind DUI tests and how the results can be challenged in court. He knows what mistakes are commonly made and how to expose them. At The Law Offices of Jeff Paulk, we fight for the best possible results for our clients, even when the odds seem stacked against them.
Hearing that you've failed a field sobriety test or that you blew 0.08% or higher on a breathalyzer might make you feel hopeless, but DUI tests aren't the final word. The results can be challenged, but it takes a team that knows the science and the law behind Florida DUI charges. At The Law Offices of Jeff Paulk, we have the know-how and the resources to expose improper DUI testing.
Learn more about how we challenge DUI test results by contacting our Tampa DUI law firm for your free initial consultation: (813) 321-7323.
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