Andrew Simko is a native Floridian and defense attorney. Years prior, at the State Attorney’s Office, Simko served as a Lead Prosecuting Attorney in County Court. This week, he posted an interesting tidbit on TikTok. In it, he explains that motorists who agree to a breathalyzer test thinking they’ll blow zero – and therefore be dismissed from the traffic stop – should understand that it likely won’t be the end of the scene. Here’s why you could still get charged with a DUI.

If authorities think you’re driving under the influence, you’re probably going to get arrested…regardless of your BAC

Simko explains that in Florida if a police officer requests that a driver submit to a breathalyzer test, the motorist can assume they’re already under arrest. How?

He says that even if you blow a Big Zero, the police officer can petition for a urine test. Why? Because this secondary request could expose drug use – including prescribed medications.

Proven substance or prescription medication use can land you a DUI

Urine tests can reveal marijuana use in the last 30 days, plus expose certain medications. Some medications cause drowsiness or other symptoms that make it more difficult to drive safely. 

If authorities have enough evidence, including physical signs of inebriation, to present to the court, a DUI charge might turn into a conviction – even without a BAC over the legal limit.

In Florida, a first-time DUI means fines, possible jail time, and license restrictions or suspension. Subsequent convictions might mean additional fines, more jail time, extended license suspensions, and ignition interlock devices, among other repercussions.