At Finebloom and Haenel, our Orlando DUI attorneys answer questions regarding the different methods of BAC testing and whether or not a refusal of the test is good or bad.
Among the methods of testing approved for use in the state of Florida, Orlando police typically default to the administration of a breath test. Most Florida police stations house a machine known as the Intoxilyzer 8000. This machine is capable of accurately testing somebody’s blood alcohol content by measuring the concentration of alcohol in the carbon dioxide expelled from the lungs.
When a driver is pulled over and arrested for DUI, that driver has the ability to choose whether they submit a test sample via blood, breath, or urine. Typically, authorities and drivers default to the breath test. However, a driver has the option to select the blood or urine test alternative.
Under the state of Florida’s implied consent laws, anyone who makes the choice to operate a motor vehicle within state limits automatically consents to submit to a chemical test. The breath test is a chemical test. Refusal of the breath test carries considerably harsh, mandatory penalties. 1st time test refusals are subject to a mandatory 1 year license suspension.
Choosing a Blood Test Over Breath Test – Important Options Worth Weighing!
If you’re being arrested for DUI, you may want to consider choosing the blood test option. It can take a bit more time to get you to a hospital or for the police to summon the medical personnel. Only authorized medical personnel may draw your blood for submission for DUI testing.
By comparison, breath testing will occur almost immediately once soon as you arrive at the station. You may be held for considerably longer prior to the blood test being administered. Typically, this means that your body has some extra time to process out the alcohol. As a result, there is a possibility that your BAC test result will come in a few points lower. A test result of 0.07 versus 0.09 can ultimately mean the difference between a DUI and no DUI.
Better results are not guaranteed by taking the blood test, and your case may also take into consideration many other mitigating factors. However, simple science is involved. In most cases, it will take longer for the blood test to be completed. If it’s been 1 hour or more since your last drink, your body is processing the alcohol and your BAC is gradually declining as time goes by.
Finebloom and Haenel – Experienced DUI Defense Attorneys in Orlando
The Orlando law office of Finebloom and Haenel offers those charged with DUI a competent, experience team of DUI defense attorneys. We’ll work hard on every aspect of your DUI case and we’ll keep you informed during this difficult time. We know DUI law in Orlando! Put our 20 years’ worth of local legal experience to work in defense of your DUI today!