One problem is that when you make this decision, you may not be in the best condition to make a life altering decision. I had a friend who refused to take a breathalyzer test because in the back of his mind, he remembered something about people getting off on technicalities. One should focus on not drinking and driving. However, one should also be clear on this topic before the situation arises.

IMPLIED CONSENT LAW – OR REALLY COERCION TO INCRIMINATE YOURSELF. This concept was adopted by the Florida Legislature. It means that if a person elects to drive a vehicle on the state’s roadways (or even a pedal bike), then the person also implicitly agrees to submit to giving an evidence sample for alcohol. And if you don’t, you lose your privilege of driving on Florida roads. It is very difficult to prove you guilty of DUI unless you give them all the evidence they need to convict you. Thus, without implied consent, people would have no incentive to incriminate themselves and the police would rarely get any convictions. They made this rule so that they can more easily convict you. Implied consent law is basically a means to coerce you into incriminating yourself without the benefit of counsel by giving a sample against yourself.

MUST YOU TAKE THE TESTS? When a driver is suspected of DUI, an officer gives the suspect the “option” of submitting to a breath test. If the suspect takes the test and blows zero or blows very low (under .08% BAC), they will most commonly ask him/her to take a blood or urine test too. They do this to support their case against the suspect. Remember, the officer made the decision to arrest so when the suspect comes back to the breath center and blows under the legal limit, the officer looks foolish. Thus, the officer will then attribute his observation to drugs and seek another test. They can do this.

Florida Law permits a person to REFUSE to submit to testing one time without any criminal penalty but there are consequences with regard to your driver’s license. If you refuse to take their so-called “tests”, the Florida DMV (not the Court) will suspend your license for one year. This suspension is the least of your problems because the suspension can be challenged by formal review within ten calendar (not business) days. Thus, it is in your best interests to hire a lawyer within ten days. Your lawyer can challenge the suspension and may be able to legally get you your license back based on a legal technicality. Many times the request for the breathalyzer was made prematurely or incorrectly and can be basis for reversal of the suspension. Remember, just because a police officer did it, doesn’t make it right!

Knowing the law is key for any DUI or Driver’s License Suspension case. Alex Truluck keeps abreast of the latest cases, decisions, and laws that benefit the client. And even if your license cannot be reinstated, Alex Truluk will instruct you how to get a business purposes license for the duration of your suspension.

One final note about refusing, in most cases, the police officer will have asked you to first perform field sobriety tests but these field evaluations ARE NOT mandatory either. Many times officers use the wrong tests. There are strict guidelines with instructing people on these tests and if they are not followed, they may be excluded from evidence against you.

If you have been arrested for DUI, Alex Truluck can analyze the evidence against you. 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.