May, 2014 | Alexander Truluck

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Florida DUI: Refusal to Take a Blood, Breath or Urine Test

In Florida, if you get pulled over for a DUI and the officer asks you to take a blood, breath, or urine test, do you have to take one? What happens if you refuse?

Implied Consent

Florida law requires you to take a breath, blood, or urine test if you are arrested for a DUI. Florida’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving under the influence, then you consent to taking a chemical test of your blood, breath or urine for the purpose of determining your blood alcohol content (BAC) or for drugs. Also, you may be asked to take more than one test. If the officer first chooses a breath test, then he or she has the option to make you take an additional test, which you cannot refuse without penalty.

You could be arrested for a DUI even if you are not driving. If you have actual, physical control of the vehicle while under the influence, then that can be enough for an officer to arrest you. Generally, actual, physical control means that the driver is in the car and can make it move. Even if the driver is asleep when the officer arrives on the scene, the potential that he or she could wake up and drive has been enough for a Florida court to decide that the driver had actual physical control.

Once you are arrested, the officer should tell you that if you refuse to take the test, your license will be suspended and that your refusal can be used against you in court. The officer should also tell you that if you have had your license suspended before for refusing a chemical test, then this subsequent refusal counts as a misdemeanor in addition to having your license suspended again.

Get Help With Your DUI

If you have been arrested on a DUI charge in Florida or any other state, get help from an experienced DUI attorney. Unlike other traffic related charges, which might be worth fighting without a lawyer, conviction for a DUI has serious consequences – especially if the incident involved injury to people or property, or if it’s your second or subsequent DUI. To avoid or reduce the consequences, your best bet is to find an attorney who is knowledgeable about your state’s laws and about how the system works in your county’s court.

We will continue these laws in the next blog.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

information by Admin

Misdemeanors

A “misdemeanor” is a criminal offense, and conviction ordinarily results in a criminal record. Misdemeanors are technically less serious offenses, although the consequences of conviction can nonetheless be quite severe. Possible punishments for misdemeanors include imprisonment, probation, fines, and at times driver’s license sanctions. Some misdemeanors are classified as “sex crimes” and require that a convicted person be registered as a “sex offender”, and keep the police informed of his place of residence — a requirement that may continue for life.

Felonies

Felonies are the most serious offenses that can be charged. Sometimes, the distinction between “felonies” and “misdemeanors” seems arbitrary. However, all of the most serious criminal offenses (such as murder, sexual assault, embezzlement, burglary, robbery, arson, and treason) are felonies.

Should I Consult An Attorney Before I Am Charged?

Yes, if possible. Unless you were arrested on an outstanding warrant, the fact that you have been arrested does not necessarily mean that charges have been authorized. An attorney can advise you of your rights, and how to handle contacts with the police. It can be very helpful to have an attorney intercede on your behalf before a warrant has been issued, as he may be able to influence the prosecutor’s “charging decision.” Sometimes, an attorney will be able to convince a prosecutor to charge a less serious offense, to send the complaint back to the police for more investigation, or even to refuse to authorize a warrant. However, once a warrant is issued, it is very difficult to get a prosecutor’s office to change the charge.