Chemical Tests

Breath Tests – A failed breath test does NOT automatically render a guilty verdict!

If you or someone in your family has been charged with DUI in Pasco County and a breath test was taken, call Musca Law today. There are a variety of ways to fight the admissibility of a breath test in a Pasco County court. Breath tests are, in fact, sometimes proven unreliable. This leaves a host of possible arguments for your savvy Pasco DUI lawyer.

When your DUI breath test registers at a .08, a .15 or higher, it is still possible to create a strong defense. Our Musca Law Pasco County DUI attorneys can move to have the evidence thrown out, or excluded. If any of the procedures in your breath test were followed incorrectly, we may be able to have the charges dropped or reduced.

What’s Wrong With The Breath Test?

A skilled Pasco County DUI attorney knows that a DUI breath test may not back up all of its claims. These breach machines can sometimes report false information for medical reasons. For example, if someone has belched within 20 minutes of the test being taken or if they suffer from chronic digestive conditions such as acid reflux disease, the results may be inaccurate. The breath test is affected by short-term illnesses and bodily conditions that may raise the blood alcohol content (BAC) to an inaccurate reading. Contact Musca Law today for a consultation. Discuss your options with our team of Pasco DUI lawyers. We know the ins and outs of Florida’s breath testing method and requirements and can protect your legal rights.

Courts in Florida are notorious for mistrusting the results displayed by breath test machines. Our Pasco County DUI attorneys can use this to strengthen the defense of your case and possibly have the breath test evidence eliminated from your case. Pre-trial motions to are often helpful, and other ways of fighting the test’s admissibility are also available. For example, the reliability of the machine and the conduct of the arresting officer may be called into question.

Pasco DUI Observation Rule Defenses

Florida statutes require officers administering the DUI breath test to observe their suspects uninterrupted for 20 minutes. When this does not happen, the test results can be inaccurate. Your Pasco DUI attorney may be able to have this evidence thrown out of court. In fact, the prosecutor may have little left to use as evidence. When this happens, a dismissal is often the result.

Keep in mind that an incriminating DUI breath test result is not necessarily cause for your conviction. Our knowledgeable and experienced Pasco DUI attorneys at Musca Law can explain why not and explore the many options for having your case dismissed or the charges reduced.

Urine Tests – Urine test are full of their own inaccuracies.

One of the tests that may be required of Florida drivers arrested for driving under the influence (DUI) is a urine test. For example, after you get a DUI in Pasco County, you could be asked to submit to a DUI urine test. By State law, drivers suspected of DUI must take a urine test, breath test or blood test at the request of the police officer or state trooper who has made the stop. Refusing to do so brings forth its own host of violations and possible penalties for failure to comply.

One issue is that these tests are often inaccurate and subject the driver to unfair treatment. If you were arrested for DUI in the Pasco area and were pushed to take a DUI test against your wishes, contact Musca Law today. We will go over your options for defense.

What Is The Point of the DUI Urine Test?

When a suspect’s breath test falls below .08, but is above 0.00, the detaining officer or state trooper will likely suggest the DUI urine test. A common reason for this is they may suspect controlled substances other than alcohol, such as cocaine, marijuana or prescription drugs. A urine test will show even trace amounts, and the driver can be charged with a controlled substance DUI.

Urine Test Inaccuracies

If you have taken a DUI urine test and were arrested for a DUI or controlled substance DUI in Pasco County, FL, you need a Pasco DUI attorney who is well-versed in the law and procedures involved. The problem with urine tests is that they are inaccurate. They cannot pinpoint the precise time that a drug or controlled substance was used. For example, if you had cough syrup several hours before the stop and it showed up on the urine test, you may be charged with DUI. The Pasco County DUI attorneys at Musca Law will defend your rights. Our knowledgeable and skilled lawyers can make a legal motion for that this type of evidence to be thrown out of your case.

Using an aggressive DUI defense and bringing in experts to testify, our Pasco DUI lawyers can prove these urine test results are unreliable. When this is a huge part of the prosecutor’s case, we may be able to not only get the evidence excluded, but the entire case dismissed as well.

Musca Law will give you strong representation and fight for your legal rights to make sure you are not unfairly convicted with questionable evidence. We will represent you through the entire process. Contact our Pasco County DUI attorneys today.

Blood Tests – Blood tests are not 100% accurate and should be fought against!

Pasco County law enforcement officials use a number of different tests to determine whether someone is driving under the influence (DUI). Some people consider the blood test the most accurate and reliable. However, there are several ways that a DUI blood test can be wrong. This creates a host of plausible defenses that your experienced Pasco County DUI lawyer can use in presenting your case. If you have been charged with a DUI in Pasco County and a blood test was taken, call Musca Law right away. Our skilled and knowledgeable Pasco County DUI attorneys can help you fight the charges.

Why Blood Tests Are Used in Pasco County DUI cases

Law enforcement officials frequently use blood tests in DUI cases. They believe that they are more effective in showing blood alcohol content (BAC) in the suspect. This is supposed to make the prosecutor’s case stronger. In Florida law, blood tests have their limitations. Law enforcement officials can only take these tests by force under certain circumstances, such as a serious car accident. The officer must believe that alcohol or drugs were in the driver’s body at the time of the incident. A Pasco County DUI lawyer can sometimes find holes in the law enforcement official’s assumption.

DUI Blood Test Requirements

While DUI blood tests can be more reliable than breath tests or sobriety tests, they also present difficulties for the prosecution. For example, the prosecutor must prove that the officer had probable cause to take the blood. There are limits to how samples can be used when blood is collected for medical reasons if someone is injured. Since prosecutors are not as well-versed in these types of cases, they have to spend more time and money to try these cases. A savvy Pasco County DUI defense lawyer can work this to your advantage.

The prosecutor in your case must prove that the blood sample was handled by a health care professional and that all procedures were properly followed. There is a solid chance that your Pasco DUI attorney can have this evidence excluded from the case if anything was done incorrectly.

What A Good Lawyer Can Do

When a DUI blood test causes confusion or inconsistencies, it weakens the prosecution’s case. A savvy Pasco lawyer can use these inconsistencies and weaknesses to your advantage. There are several different ways that blood testing can go wrong. As a result, a conviction is rare when there is no other solid evidence to prove intoxication over the legal limit. Our knowledgeable defense lawyers will help to protect your legal rights. The Pasco County DUI lawyers at Musca Law will present the strongest case possible to bring about the best possible outcome. Call 727-480-9675 now.