Clearwater Beach, FL – All drivers in the state of Florida have to comply with the implied consent law. This essentially means that by having a driver’s license and operating a car, the driver has given consent to a test of breath, blood, or urine for the presence of alcohol or controlled substances. The government is given the authority through the relevant statute to ask DUI suspects for various kinds of tests. If someone is charged with a DUI or a refusal to give a sample as required by the statute, they will be arrested and face some serious consequences.
Refusal to comply with the implied consent law
Even when prosecutors do not have the results of a chemical test available, the implied consent law still allows them to charge violators for not complying. A DUI refusal case has most of the same penalties as a standard DUI charge where chemical evidence is available, and the state can introduce evidence of the fact that the suspect refused, possibly to hide their guilt.
Loss of driver’s license
Whether a driver is charged with a DUI or refusal, they will lose their driver’s license. Most license suspensions for DUI cases tend to last between six and eighteen months, however longer suspensions are possible for people with prior arrests. In some cases where a driver has multiple DUI convictions, the state can even try to have the driver lose their privileges permanently and never be able to have a license again.
People who are facing a DUI suspension should speak to their attorney about getting a hardship license that will allow them to drive to work and other essential activities. This is done through the department of motor vehicles, and separate from the criminal aspects of the case.
Defending against a DUI refusal
Defense attorneys who work on DUI cases can help their clients in a similar manner whether they refused a breath test or not. DUI cases are sometimes reduced to lesser offenses such as reckless driving, or these charges may be dropped altogether if there are serious issues with the case.
There may be issues with the traffic stop, field sobriety exercises, procedures to collect a chemical sample of other mistakes. The defense lawyer can try to have this evidence suppressed as an illegal search, which will make the state’s job of proving the offense beyond all reasonable doubt much more difficult.
Speaking with an attorney after a DUI arrest
Anyone in the Clearwater Beach area who needs help from a lawyer can contact The Law Offices of Michael M. Raheb. The firm assists people who have been arrested for driving under the influence in Florida.
Firm contact info:
2423 First Street, Fort Myers, FL 33901