DUI arrest, the police will ask you to take a breath, blood, or urine test
to determine your blood alcohol content (BAC) level or how much drugs
are in your system. Your BAC or concentration of drugs in your blood will
be used in court to prove a DUI conviction.
But are you allowed to refuse this test? Although you can, refusal can
result in serious consequences.
According to Florida’s “implied consent” law, any person
who has a state driver’s license or operates a vehicle in Florida
automatically consents to one or more chemical tests if he/she is lawfully
arrested. For a DUI arrest to be considered lawful, law enforcement must
establish probable cause to believe that a driver was driving a vehicle
A first-time refusal can result in driver’s license suspension for
up to one year. Drivers are eligible to get a temporary restricted license—for
work-related or educational purposes—after completing a DUI substance
abuse education course and submitting letters of recommendation.
A second or subsequent refusal can lead to driver’s license suspension
for 18 months. In addition, a second refusal is considered a separate
misdemeanor offense, punishable by a maximum one-year jail term and a
fine of up to $1,000.
A driver may believe refusing a test can make proving intoxication challenging,
a driver’s refusal can be used against him/her at trial. Even though
refusal doesn’t prove a driver was under the influence at the time
of arrest, prosecutors typically argue that refusal means the driver had
something to hide.
If you have been arrested for a DUI in Daytona Beach,contact the Law Offices of Robert Stepniak today at (386) 253-4750 and schedule a free consultation.