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With DUI cases comes the talk of “implied consent” and the breath test. Most people have heard these terms, but are unclear as to how they work in real life. With most DUI stops, the police officer will ask the driver to submit to a breath test, and this test is designed to determine whether the driver is over the legal limit. If the test result shows more than 0.08% alcohol, the police are within their legal authority to make an arrest for DUI. But just what exactly is implied consent, and how does it work when you are pulled over on suspicion of DUI? Knowing the answers to these questions can help you decide how to react if you find yourself pulled over, and can also help you to develop an effective defense strategy if you are charged with DUI.

Florida DUI statutes not only establish that the legal limit for a BAC at 0.08%, but also establish the penalties for those that refuse to take a breath test who later test at or above 0.08%. A first time offender will lose their license for a year and an eighteen month suspension is implemented for second and third time offenders. The law of implied consent is at the heart of these punishments, and what is means is this:

  • The state’s roadways are provided by the government, for the use of residents and other motorists.
  • Taking advantage of the benefit of having a road to drive on is seen as consent to a breath test if you are pulled over for DUI.
  • Refusing to take a breath test, after having impliedly consented to do so, results in the loss of license noted above.

However, you do still have the opportunity to fight a license suspension, and can do so by seeking administrative review. This is an option that is available to those defendants that take the breath test, and is a good enough reason to avoid refusing the test. Our team of experienced DUI defense attorneys how to investigate the facts of your case so an appropriate defense can be used in your case. Call us to learn more.

For help defending criminal DUI charges, call our office to speak with a qualified criminal defense attorney. We help people charged with all sorts of crimes in Stuart and the Treasure Coast. Call today to schedule an appointment.

 


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