Any time someone talks about being pulled over for DUI, the question of whether a breath or blood test is required always arises. The legal concept of “implied consent” can be hard to understand, but it basically means that by enjoying the right to drive on the state’s roadways, you have consented to these tests. In other words, the law will imply your consent, even if you do not verbally do so. When these tests reveal a blood alcohol level over the legal limit of 0.08%, an arrest for DUI is typically made. For this reason, it is tempting to refuse to participate in the test. If you make this choice, there are some important things to know about how your case will proceed.
Florida DUI statutes set forth the requirements for charging a driver with DUI, and also lay out the penalties for refusing to take the test, as follows:
- A one year suspension of your license for a first offense.
- An eighteen month license suspension for a second offense.
- Third offenses also carry a suspension of driving privileges of 18 months.
Suspensions are not a forgone conclusion, as you do still have the opportunity to defend the case. The point is that if you have refused the test and the result of your case is a conviction, the above license suspension time periods apply. You might also face jail time and be required to pay stiff financial penalties. It might seem like you don’t really have a choice but to submit to a breath or blood test, but keep in mind that if you do take the test there are defenses you can raise. The way in which the test was administered, how well the equipment has been maintained, and whether there were other substances in your system that may have resulted in a false positive are all viable defenses. Our team of experienced DUI defense attorneys knows what to look for, and what type of defense strategy is best suited for your case. Call us today to learn more, so you can make an informed decision about how to proceed and what to expect.
If you have questions about DUI breath tests, call our office for answers. Schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.