August 9, 2015
Being pulled over by the police can be a nerve-wracking experience, especially if you are under suspicion of a DUI. Many drivers believe that refusing an alcohol test in the state of Florida might save them from a DUI conviction. However, Florida has what’s called an “implied consent” law, meaning you already gave consent for such DUI exercises when you got your license. Florida has some laws in place to enforce implied consent. For instance, the first time you refuse to take a breath test will result in a one-year suspension of your license. Still, the consequences for being found guilty of a DUI are more severe than a license suspension. Learn more about your rights below:
Types of DUI Exercises
After being pulled over under suspicion of a DUI, an officer might request two types of exercises:
Physical: This is usually the first set of exercises an officer will conduct after pulling over a DUI suspect. During this exercise, the officer will ask the subject to complete a number of cognitive and physical tests to check for impairment.
Chemical: The police officer may then conduct a chemical test. This may be a breath, blood or urine test to check for alcohol levels in the blood or any other mind-altering substances.
How Implied Consent Makes a Difference
In Florida, we have what is known as the “implied consent” law. This means that any person operating a motor vehicle in Florida has automatically given his or her consent to a DUI test. However, depending on the circumstances, you still have a choice not to participate in a DUI exercise, although it will result in some legal consequences.
What Happens If You Refuse a DUI Exercise?
Refusing to participate in a DUI exercise could lead to a one-year suspension of your license. The second time you refuse, it could result in a 18-month suspension. However, refusing to take a DUI exercise can make it harder for the prosecution to prove that your BAC was over .08, the legal limit.
Get the DUI Help You Need with Khonsari Law Group
Every case is different, and every case is fact-specific. That is why you need a dedicated and experienced defense attorney by your side. At the Khonsari Law Group, we will work with you to fight your DUI charge. We know that one mistake should not determine the rest of your life. Call KLG today for a free consultation on your case.