Refusing a breath test in Florida – Sarasota Criminal Traffic Lawyers
July 1, 2015
Sarasota Criminal Traffic Lawyers
Being arrested for driving under the influence is a serious situation that can lead to a criminal record. Learning about Florida’s DUI in Florida will result in an 18 month license suspension. These subsequent refusals are categorized as misdemeanors.
License Suspension
Upon first refusal of a breathalyzer test, the DMV will immediately suspend your license for 12 months. This is considered civil suspension. Though an inconvenient and embarrassing event, it leaves no life-long scars on your record. If you had in fact chosen to take a breathalyzer test that proved you were over the legal alcohol limit, a criminal conviction might have ensued. This could result in fines, possible jail time, and a criminal record.
In the case of a civil suspension, the option of 12 hours of driving school will most likely allow you to get a temporary business purposes license. This permits you to legally drive to work or school during the suspension. A second and third refusal of a breath test in Florida will result in an 18 month license suspension. These subsequent refusals are categorized as misdemeanors.
10-Day Rule
Upon refusing a breath test, the officer will issue a citation that serves as a temporary 10-day driving permit. According to Florida law, this 10 day grace period provides time to hire a lawyer and gather defense against a license suspension before it becomes official. Your attorney may subpoena witnesses and officers involved. Breath test technicians may also serve as witnesses. Within the 10 days, a formal DMV review hearing will be scheduled. As this grace period provides little time to gather evidence to challenge the license suspension, it is imperative that you move quickly. If the 10 days expires without any formal review, your license will remain officially suspended.
Implied Consent
In Florida, the “implied consent” law states that you are legally required to perform a breath test to determine your blood alcohol content. Upon refusal to an officer, you are breaking the law and will be arrested. The police must legally read the “implied consent” law to a driver.
Common Reasons for Refusal
Though the prosecution will almost certainly use your refusal to prove guilt, there are many common reasons to decline a breathalyzer test. Your Sarasota criminal traffic lawyers responsibility is to delve into the facts surrounding the case, providing a legal reason for refusal. Common reasons include:
- Reliability of the actual breath test device
- Miranda Rights (“the right to speak with an attorney”)
- Concerns regarding the cleanliness of the device
- Medical conditions that may affect the result of the test (i.e. impairment of lung capacity due to COPD)
Jodat Law Group – DUI Attorneys
If you or someone you know has been charged with refusal to take a breath test, you should contact an experienced DUI attorney immediately. Learning about Florida’s DUI laws and the elements surrounding them can be overwhelming. At Jodat Law Group, we provide a supportive environment to explore your options. Our Sarasota criminal traffic lawyers will fight aggressively for a fast and fair outcome. Since 1994, Jodat Law Group has been serving clients in Venice, Tampa, St. Petersburg, Sarasota, Sun City, Englewood, Ellenton, Brandon, Palmetto, North Port, Punta Gorda, and Port Charlotte. Call us today or contact us for a free consultation.
