When a driver obtains their license and begins driving their vehicle on the road they have basically already consented to give a breath, blood, and urine test if they are ever arrested on the suspicion of being intoxicated or on drugs.If a person is stopped by a police officer and the officer asks them to give a test to determine if they are intoxicated or not it is always a good idea to comply without complaint. This is especially true if a person got into a serious accident which resulted in injuries for other drivers or even death.
Will I get penalized for refusing to give a test?
A driver can, in fact, be penalized if they refuse to give the appropriate test when asked to do so. The first time a person refuses to give a test they can have their license suspended for 12 months. For the second time they refuse, they can have their license suspended for even longer, 18 months, and also be charged for committing a misdemeanor crime.
Clearly, refusing to give a test to a police officer is a crime punishable by law so a person should tread carefully and try to comply as best as possible whenever they are pulled over and questioned.
Do I need to actually be drunk in order to be penalized?
If a person gives the test and they are found to have a blood alcohol level of 0.08% or more, they will definitely be held liable for their actions. It is important to note that a person does not have to be openly and visibly drunk in order for them to be arrested and taken to court. As long as the test results confirm that a person has exceeded the legal limit, a person will be held responsible.
Many individuals are baffled when they discover that their driver’s license can be taken away from them even before any sort of a trial begins. However, the truth is that in Florida, driving is considered a privilege and it is not a right. If a person is seen clearly taking advantage of this privilege and misusing it, then the law can and will take it away from the person.
The best way to save oneself from being caught for DUI is by taking alternative modes of transport when a person is even slightly intoxicated. A person always has the option of taking a taxi, the bus or getting a ride with a friend. It may take longer to get back home when alternative modes of transport are taken, but it is definitely well worth the trouble because it can save a person from serious fines, suspensions, and even jail time.
Anyone who feels like they have been unjustly accused of DUI or they find themselves getting arrested for DUI should get in touch with a DUI lawyer in Gorda, Florida. A DUI lawyer can help a person figure out which of their penalties they will be able to waive and can help a person represent themselves appropriately during a court trial.