Everything You Need to Know About DUI Refusal
The state of Florida is clear that driving is a privilege, not a right. Refusal to provide a breath and/or urine sample comes with its own set of legal challenges, as spelled out in Florida Statute 316.1932. Motorists are able to give consent to any approved chemical and physical tests administered by law enforcement to determine the level of alcohol in their blood/breath.
This is known as "The Implied Consent Law" as outlined in Florida Statute 877.111. If you have been arrested for DUI, then you will be read this law. You will be instructed to offer a breath and/or urine test to determine your levels of alcohol consumption. You will also be instructed that should you refuse, your license may be suspended (one year, or 18 months if there is a record of prior refusal). If you refuse a second time, it is likely that you will be charged with another misdemeanor. However, you will be informed of this before you are charged.
Prosecutors will use your failure to test as a major part of your case. Typically the argument of "The defendant refused to provide a breath sample because they know they were over the legal limit" is present.
However, it is not uncommon for some to refuse a test for reasons outside of being under the influence. Some do not trust the machine's reliability, or they asked to speak to an attorney first and were denied this request.
The Department of Motor Vehicles (DMV) only allows the administrative suspension of driving privileges to be challenged if the necessary paperwork is submitted within 10 days of the arrest. So, if you refuse a test, immediate action, such as finding the right lawyer, is crucial.
This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.
Have questions about DUI refusal? Contact the law offices of Fort Lauderdale Criminal Lawyer Mark Eiglarsh for more information.