This is what happens when a driver refuses to comply with a DUI investigation in Key West
Key West, FL – People who are stopped by police officers in Florida may be asked to comply with several different procedures if there is evidence of alcohol or drug consumption. However, it is possible for the person to refuse to provide a breath sample or perform physical exercises, although there are consequences to doing so.
Attorneys near me are available to help defend against the state’s charges after an arrest.
The state of Florida has anticipated the fact that a person may refuse to provide a chemical sample during their investigation. This situation is in the state’s implied consent law, which states that anyone who has a driver’s license agrees to submit to chemical testing during a DUI investigation. When a person breaks this implied consent law, they are charged with a refusal case, which has most of the same penalties as a standard charge for driving under the influence. DUI defense lawyers can assist clients who have charges for either a standard DUI or refusal case in similar manners.
Field sobriety tests
When the investigation begins, the driver will be asked to step out of the vehicle and perform physical exercises that divide attention and test the person’s ability to follow instructions. These can be refused if the person feels that they cannot perform them. In fact, it is possible that some people may perform these exercises poorly even if they are not impaired at all. If the tests are performed, the state introduces the results of the exercises as part of their case to prove that the person appeared to be intoxicated.
Reasons why a person may want to refuse chemical testing
In some cases there can be strategic benefits to refusing to provide a breath sample. This creates a lack of evidence for the state’s case, and it can be more difficult to secure a conviction. Someone who knows that they are heavily intoxicated may also avoid enhanced penalties for a high blood alcohol reading if the state does not have a sample to prove the level of the person’s blood alcohol. As always, it is best for the person to contact their attorney before they decide whether it is in their interest to provide the government with a chemical sample or to refuse the test and accept the refusal penalties.
Finding a DUI defense attorney in Key West
Sherry Ivey Jones Attorney at Law is available to help anyone with the process to defend against the state’s DUI charges. The firm has extensive experience with all matters related to drunk driving laws in Florida.
USAttorneys.com can be contacted directly to help anyone with the process of locating a lawyer at 800-672-3103
Firm contact info:
Sherry Ivey Jones Attorney at Law
9703 Overseas Highway, Marathon, FL 33050
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