Florida DUI Refusal to Provide Urine

Published by Fleet Tilden, Esq. at September 3, 2014

DUI Defense Lawyer Orlando – I recently had a client appear in my office after being arrested in Seminole County for DUI. According to the Seminole County Sheriff’s report, the driver displayed several indicators of being under the influence of something and impaired. The problem was that there was no indication alcohol was involved. After his arrest, my client was taken to the Seminole County Breath Testing room where he agreed to submit to a DUI breath test. The results were .000. When this type of reading is recorded, Florida police are trained to request a urine sample to have tested for the presence of any illegal or prescribed drug.

Urine Tests – What Happens if you can’t go? Florida Statute 322.2615 addresses the driver license suspension for refusing to provide a urine sample after being arrested for DUI. The crux of these cases often comes down to what conduct constitutes a DUI refusal to provide urine. After conducting numerous driver license formal review hearings on this issue, it appears that there can be a variety of factors that would lead the DHSMV hearing officer to invalidate a DUI license suspension. One of these factors is the inability to “perform” as requested or on demand at that very moment. Having a “shy bladder” or “bashful bladder” can be a medical issue or simply a stage fright issue. Having a Orlando DUI Defense Lawyer on your side to challenge these refusals can result in your driver license reinstatement. I have successfully argued that unless you utter the words “I won’t do it” or “I refuse”, there isn’t a valid refusal and my client will get his/her license reinstated.

TILDEN LAW is a full service criminal defense law firm that represents clients throughout Central Florida facing first time DUI arrests and multiple prior DUI convictions. TILDEN LAW is rated A+ by the Better Business Bureau and has 20 years experience representing clients on Seminole County Drunk driving and Orlando DUI crimes, Winter Park DUI arrest, Maitland DUI, Sanford DUI, Volusia County DUI, Lake County DUI, Osceola DUI cases. Contact TILDEN LAW for a free and confidential case evaluation, 407 599-1234.

Fleet Tilden, Esq.

Beginning in 1923, attorney John Tilden, Esq. established his law practice in Downtown Orlando with a full service law firm serving Central Florida residents. Following in his grandfather’s footsteps, attorney N. Fleetwood Tilden, Esq. began his Central Florida law practice after graduating from law school in 1993. After a career as an Assistant State Attorney prosecuting Central Florida criminal cases, the Law Office of Tilden Law was established. Practicing exclusively Criminal Defense, Mr. Tilden has handled over 5,000 criminal cases.