Florida Criminal Defense and DUI Defense Blog

25Apr, 11

Defenses related to the failure of the police to comply with the requirements of the state’s independent test statute.

One of the usual requirements of the implied consent law is that you have the right to obtain an independent test of blood, breath or urine taken after the State test. This sample can be tested independently by a laboratory of your choice (and at your expense) in order to permit you to challenge the State’s test result that will be used against you at trial. Your independent test also protects against the possibility of a switched sample.

If the police did not fully comply with the independent test statute, your DUI-DWI specialist may be able to get the results of the State blood, breath or urine test excluded from the evidence against you.

If you submit to the requested test, the police must make reasonable efforts to assist you in obtaining an independent test if you request one. Of course, that test would be at your own expense.

Florida law currently holds that the police do not have to tell you that you have the right to an independent test, but they cannot interfere with your obtaining one if you request it. In some circumstances, however, their obligation can be met by giving you a telephone book and access to a telephone so that you can arrange your own test.

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Attorney Mike Kessler
Written by: Attorney Mike Kessler

Attorney Kessler has been practicing criminal law in Florida for 30 years. He is recognized as is a leading authority on drunk-driving defense as well as a founding member of the Saint Lucie County Association of Criminal Defense Lawyers and co-author of The DUI Book: Florida Edition, the definitive resource on DUI in Florida.

To speak with Mike, call 772-466-4900 or click here for a free consultation.

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