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Admission of Evidence of DUI in Florida

A refusal by the driver to submit to a blood, urine or breath test is admissible as evidence in the driver’s court case and/or criminal DUI proceedings. The reading of a BAC of a minor is admissible evidence in a court case involving that minor’s DUI charge. No written statement that is written by a person and submitted by that person in his or her request for review shall be admissible into a case’s evidence against that person and used against him or her in a trial. Portable breath tests, which are admissible for any DUI suspect under the age of 21, are admissible to be used as evidence against the minor in the case against him or her. The driver, at his or her case, may submit into the evidence a sobriety test performed separately from the one that was conducted by the police. If drugs of any kind, including prescription drugs, were in the car at the time of the DUI arrest then they can be admitted into the evidence in some circumstances. If there was; ample evidence the defendant was impaired while driving, evidence that the defendant recently used the drug, there is not evidence pointing to the drug not being the cause of the impairment, and there is no evidence that the driver was using some other sort of substance which would have caused his or her impairment, then the drugs can be admitted as evidence. If the driver being suspected of a DUI is not told by the police officer that he or she is being subjected to a BAC test, be it a chemical test or a field sobriety test, then the results that come out of the test the police officer administers are inadmissible in the suspects court case. If it can be shown that there was no probable cause for the police officer to pull over the driver to administer the traffic stop procedure, then all evidence resulting from the follow-up BAC test occurring during the traffic stop (be it from a chemical test of the driver’s urine, breath or blood or from a field sobriety test) cannot be admitted in the driver’s DUI case. The police officer has to see the driver driving in an impaired manner or has to receive a call from another police officer that has witnessed the driver operating a motor vehicle in an impaired manner to pull the suspected driver over.


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