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There is a lot of talk about what implied consent is, and what you as a driver can expect if pulled over for DUI. Part of this discussion centers around your right to refuse a breath test, and the consequences of doing so. The law is that the simple act of driving on Florida’s roadways means you consent to a breath test if pulled over for possible DUI. The reasoning behind this law is that you are taking advantage of driving on the roads, and that by doing so you have agreed to perform whatever tests are asked of you when those tests relate to your driving.

But what most people don’t know is that you can refuse to take a breath test if pulled over and asked to do so, but by refusing you will be taken to the station for other testing and your refusal can be used as evidence against you if you are eventually charged with DUI. To make matters works, a Florida Senator is asking that the penalties for refusing a breath test be increased. Senator David Simmons has filed a bill that address the issue like this:

  • The bill proposed a fine of at least $500.00 and a probationary period to 6 months for first time offenders that refuse to take the breath test.
  • For those drivers facing a subsequent charge, the bill seeks to make installation of an interlock device mandatory and the charge one of a first degree misdemeanor when the driver refuses to submit to the breath test.

The goal is to make the laws on driving while intoxicated tougher, so more motorists will refrain from the activity. A possible flaw to this approach is that instances of DUI will continue to happen despite these changes. This can be seen by states where texting and driving have been made illegal, yet drivers continue to engage in the act. We understand that sometimes life happens, and that might include being arrested and charged with a crime. Our job is to help you find the best legal remedy available, and protect your rights. Call one of our DUI attorneys today for help.

If you have been arrested for DUI, call our office for help. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.


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