Chemical tests go hand-in-hand with DUI charges. Blood,
breath, and urine tests are often the cornerstone of the case against an
individual arrested for drunk driving. Because of the significance of these
tests, it can be tempting to refuse when asked to take one by a police office.
After all, if they don’t have concrete evidence against you, they certainly
can’t arrest you, right?
Unfortunately, it is not always so black and white. Refusing
to take a chemical test has serious consequences and doesn’t guarantee that you
will avoid DUI charges. Before you refuse an officer’s request, it is important
to first understand your rights.
The Basics of Florida’s Implied Consent Law
In Florida, there is something called the implied consent
law. This law states that if you are lawfully arrested by a police officer who
has probable cause to believe you have been drinking and driving, then you
consent to taking a chemical test – blood, breath, or urine. The officer can
require you to take more than one test and you must consent to each request,
except in the case of a blood test where other pre-conditions are in play.
This law also imposes penalties on those who refuse to
comply. The penalty for refusing to take a chemical test is based on your
criminal record and the circumstances of your arrest. According to state law,
the penalties for refusing to take the test are:
- First offense: one year license suspension
- Second offense: 18 month license suspension
- Third offense: 18 month license suspension
Second and any subsequent refusals can also invoke jail time
and possible fines. While the consequences for refusing to take a chemical test
are certainly lighter than those for a DUI, they can still be permanently
damaging. Additionally, just because you didn’t take the test does not mean
you’re off the hook for a conviction.
In short, whether you are facing the penalties for a
chemical test refusal or are at risk of a DUI conviction, you need an
experienced DUI attorney on your side. Accused individuals turn to my firm
because they trust my legal background and unmatched devotion to their case.
With 30 years of experience behind me, no charges are too complex for me to
handle.
Fight for the outcome
you need. Get in touch with my firm in Miami to schedule your free consultation!
