If a police officer arrests you on suspicion of driving under the influence (DUI) in Florida, they will likely ask you to submit to chemical testing of your breath, blood, or urine. The decision you make at that moment can have serious consequences and significantly impact your defense against DUI charges. Protecting your rights starts with understanding Florida’s laws and the potential results of refusing these tests. Being informed about your options and getting experienced legal assistance can help you make the best decisions to safeguard your legal standing.
Florida’s Implied Consent Law
Under Florida law, all motorists driving on Florida’s public roads provide implied legal consent to comply with approved chemical testing if lawfully arrested for DUI. Refusing a breath, blood, or urine test violates this implied consent law and triggers an automatic license suspension, even before any DUI conviction. This part of a DUI case involving an automatic license suspension is Administrative in nature and involves the Florida Department of Motor Vehicles (DMV), while the actual DUI case is criminal in nature involving the Court system.
The license suspension periods are:
- One-year suspension for a first refusal
- 18-month suspension for a second refusal
Suspension periods get tacked onto additional DUI conviction penalties involving longer license revocations. Prosecutors may use a refusal as evidence of impairment at trial, which creates a legal hurdle to overcome.
Even though a refusal may lead to a license suspension from the Florida DMV, that is often a better choice then submitting to tests that will lead to incriminating evidence against you in the criminal case. Generally speaking, these tests are not designed to help you.
Immediate Steps After Refusal
Refusing a breath or blood test in Florida results in immediate consequences. Law enforcement will typically arrest you and take you to the station for processing. Your driver’s license will be confiscated, and you will receive a temporary permit valid for 10 days. On the Administrative side, you have the option of requesting a formal review hearing to contest the license suspension with the Florida DMV. Knowing your rights and the procedures that follow can help you navigate this challenging situation more effectively and prepare for the next steps in your defense.
Defending Against Refusal Charges
Defending against refusal charges in Florida involves various strategic approaches tailored to the specifics of your case. Key defense strategies include:
- Challenging the Traffic Stop: If the initial stop was unlawful, any evidence gathered, including your refusal, can be contested in court.
- Clear Communication: Evaluating whether the officer properly explained the consequences of refusing the test. Miscommunication or lack of clarity can be grounds for a defense.
- Medical or Physical Conditions: Demonstrating that medical conditions, such as respiratory issues or other physical limitations, impacted your ability to take the test.
- Questioning the Officer’s Conduct: Reviewing the officer’s behavior and adherence to protocol, which may reveal inconsistencies or procedural errors.
- Utilizing Witness Testimonies and Video Evidence: Leveraging witness statements or video footage to support your version of events and counter the prosecution’s narrative.
Our experienced legal team will carefully analyze all aspects of your case, employing these strategies to build a strong defense and safeguard your rights.
Discuss Your Situation with a DUI Defense Lawyer
At The Sombathy Law Firm, we have extensive experience defending against DUI charges in Panama City, including refusals of breath and blood tests. Our attorneys will provide personalized legal strategies, vigorously defending your rights and aiming for the best possible outcome. We understand the complexities of DUI cases and are committed to guiding you through every step. Contact us today, and let us help you protect your future.
