320) Can I get my own independent Breath / Blood Test? #HaberPA Criminal Defense DUI Lawyer
Channel: Michael Haber
Date: 2019-05-20

Thanks for asking me “Can I get my own independent Breath / Blood Test?”

Before you blow, pursuant to FS 316.1932 law enforcement MUST  advise you of FL’s “Implied Consent” law.  In a nutshell the cops have to advise you: 1) That you’ve been arrested for DUI; 2) That they want you to take a breath (or urine) test; 3) That you don’t have to provide a sample; 4) That if you refuse to do so then your driver license will be suspended; and 5) That if you refuse then your refusal is admissible as evidence against you in Court.

In addition to those warnings FL’s Implied Consent Law requires the cops to tell you that you have a right to your own independent testing, albeit at your own expense.  If you ask for an independent test then, although the cops don’t have to take you to your doctor’s office or call Fire Rescue to the police station, they absolutely must afford you a reasonable opportunity to try to get your own independent test.  If you ask, and if they make no effort, then any breath or urine sample that you provide to them may very well be suppressed.

But, when it comes to independent testing, especially a blood test, be very careful because this is a two-edged sword.  If they do provide a timely blood test and if any controlled substance, including a Rx medication, is found in your blood, then you can be 100% certain that the State will argue that you were under the influence of whatever appears in your blood either instead of, or in addition to alcohol, and you yourself will have inadvertently armed the State with evidence that can, and will, be used against you.

Requesting an independent blood test is a gamble, and as is the case with every wager, sometimes it’ll pay out and other times you’ll crap out.  

Thank you for your question, I appreciate your having asked it and I invite you to ask me more.  Remember, at #HaberPA it’s all about reasonable doubt!

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone:  305-381-8686
Toll Free Phone:  1-888-SHARK-8-1
Cellular Phone / Text:  305-798-2220
http://www.criminallaw.miami 
E-Mail:  Sharky910@aol.com / MAH@HaberPA.com
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Twitter:  @Sharky910
Blog:  http://habercriminallaw.blogspot.com/

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