I was arrested on May 10, 2013 for DUI. My blood alcohol level was 0.0000 and they requested a urine sample. Which I agreed without any doubt. They are under the impression that it is due to drugs. I do not do illegal drugs, I only take prescription drugs. These prescriptions are prescirbed to me, and where taken roughly around 2 am. I was arrested after 1:30pm. I have a court date May 28th and would like to know what the results were. I am not sure a blood test was performed. They only pricked my finger.
Urine samples are sent from the arresting law enforcement agency to the Florida Department of Law Enforcement for testing. The process typically takes between 6-8 weeks. In my experience, I have never seen urine results come back before the person's arraignment date.
It is important for you to understand that some prescription drugs are considered controlled substances. Your prescription and medical history is certainly relevant to show your tolerance and whether you were "impaired." But the State can still charge you with DUI when you are impaired by a controlled substance, prescribed or not. When you're over 21, it's not illegal to possess alcohol. But you still can't drive while impaired by it.
You would be well served to hire an experienced local DUI attorney who knows how to exploit the issues unique to urine cases. Best of luck!
Get a criminal defense lawyer. The lawyer will invoke the rules of discovery which will require the State to provide you with all of the evidence. Obviously the State will need the results of any blood or urine test and that means your lawyer will be entitled to review it. If they fail to comply with the rules of discovery then they risk having the evidence excluded. Of course, if they do not have any test results then your lawyer will be able to make that a big issue in your favor. Please feel free to contact me for a free consultation.
You have received sound legal advice from these lawyers. The Discovery process is critical to your defense and is one that will take weeks to complete. While you are entitled to all of the evidence against you, the State is not obligated to give it to you until 1) it is demanded formally by filing the appropriate pleadings, & 2) they have the evidence or should have access to the evidence you seek. As was previously noted, urine results take weeks to process and analyze due to the backlog of lab work that FDLE must perform throughout the State. Hiring an experienced DUI lawyer is imperative and essential to your defense.
Several important issues. First I completely agree with Mr. Metcalf, your own prescription medication can be the basis for a DUI. I have represented many many clients who were arrested after a DUI officer suspected impairment by prescription medication. On that subject, I would not provide any other specific details on avvo as there is no privilege. Call a local attorney and discuss your specific situation.
Second, if you have a case pending in north or south county traffic court my advice is to get a private attorney on board quickly. Those of us who handle DUI cases and practice in Pinellas know the advantages of keeping a case in these courthouses. If you have a public defender you get transferred out of traffic court.
Third, if someone pricked your finger the officer might have requested this to check your blood sugar, diabetics often have a sweet smell on their breath that is mistaken for alcohol, this is not how a blood draw is performed.
If you have any specific questions feel free to contact me but most importantly consult with a DUI lawyer quickly. If there is an administrative suspension pending or any reason (it doesn't sound like it from the information provided) you only have 10 days to deal with this issue.
Best of luck.
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