Jacksonville Criminal Lawyer Blog
In DUI cases, once the police arrest a person suspected of driving under the influence of alcohol or drugs, that person is taken to jail and booked. Only after the arrest and booking is that person taken to a room in the jail and asked to submit to a breathalyzer test. Some people might think the breathalyzer test is part of the DUI investigation such that if a person has a low breathalyzer reading, the police officer will let that person go without an arrest. That is not how it works. The sole purpose of the breathalyzer test is for the state to acquire more evidence to prosecute people for DUI. In other words, if a person has a low breathalyzer reading, that person is still going to jail.
Normally, the police will request the breathalyzer at the jail after arrest. This measures the person’s blood alcohol level. However, if the police officer suspects a person is driving under the influence of drugs, he might request a urine sample instead. Or, if the breathalyzer reading is low, or 0.00, the police officer might assume the issue is drugs rather than alcohol and request a urine sample after the breathalyzer test. The breathalyzer only tests for alcohol, not drugs.
Can the police request a urine sample after, or instead of, a breathalyzer test? And if so, do they need a search warrant? Blood tests generally require a search warrant in a standard DUI case, but urine tests are considered less intrusive. Urine tests do not require physical intrusion into the body. Also, the FDLE, which tests the urine, only test for drugs and do not keep the sample or maintain any information other than the test results. Finally, the courts look at the fact that there is little embarrassment or invasion of privacy involved with a urine test. The suspect goes into the bathroom and urinates into a cup with his/her back to an officer of the same gender. Therefore, the police can request a urine test as part of a valid arrest for DUI in Florida.