Refusing to submit to a breath test, in Bradenton, Florida, is considered a serious offense and comes with some very serious penalties. In the State of Florida, operating a motor vehicle on the roads is a privilege extended by the state. If you accept this privilege, you have given implied consent that you can be subject to roadside checks and submit to a breath, blood, or urine test. This is outlined in Florida Statute 316.1932. It is not advisable to refuse a breath test in Bradenton, as it may make your DUI charge worse.
Here, at The Law Place, we have a team of experienced criminal defense lawyers with a wealth of knowledge that stretches across a wide range of practice areas. Do not face your breath test refusal charge alone. Contact The Law Place today and book a free consultation.
Call us today at (941) 444-4444.
What Are the Penalties for a DUI in Bradenton, Florida?
The penalties for a DUI in Florida are some of the harshest across the country. They increase every time you are charged with the same offense. Many different factors can affect the level of punishment you receive for a DUI, such as:
- Your blood alcohol concentration level – To be charged with a DUI in Florida, you must have a BAC level of above 0.08%. If your test comes back higher than 0.15%, your penalties will be much more severe.
- If you had an accident as a result of driving under the influence – If your DUI has caused an accident that resulted in personal injury or property damage, you can expect higher fines and potential jail time.
- Past convictions – If you have been charged with multiple DUIs within 5 years of one another, you could be tried as a habitual offender in accordance with Florida Statute 322.264.
- Refusing a breath test – If you refuse to submit to a breath test, you will only make your charges worse.
As you can see, DUIs are taken very seriously in the State of Florida. Do not expect any leniency from judges or prosecutors after you have been charged. We advise that you seek the help of a criminal defense lawyer. They will help you identify the charges brought against you and build a solid defense.
Penalties for Refusing a Breath Test in Bradenton
The refusal to take a breath test when a law enforcement officer requests one is very likely to harm your case. You can legally refuse a breath test unless you have been involved in an accident that has caused personal injury or property damage. Some people believe that if you refuse to submit to a breath test, you will not be able to be convicted of a DUI. This is simply not the case. Below are the penalties involved with a refusal to take a breath test:
- First refusal – Your license will be suspended for a period of up to 12 months.
- Second refusal – Your driver’s license will be suspended for a period of up to 18 months. You will also be charged with a first-degree misdemeanor.
It is important to note that if you refuse to take a breath test in Florida, it will be admissible as evidence against you in any other legal proceeding you have ongoing.
If you have refused to submit to a breath test in Bradenton, it is advisable to contact an experienced criminal defense attorney as soon as possible. The Law Place offers a free consultation to anyone who needs legal advice. So, call us today and get the ball rolling on your case.
What Should You Do Following Your Refusal to Take a Breath Test in Bradenton, Florida?
We advise that you call a criminal defense lawyer immediately after refusing to take a breath test. While it may not seem like a big deal, it can incur some serious penalties, and facing it alone can only make things worse. A Florida DUI attorney from our law firm will help you navigate the charges brought against you and build a solid defense.
Following being charged with a DUI, you will only have 10 days to apply for a court hearing. If you fail to do this, you will automatically waive your right to challenge the charges. Your attorney may even be able to get your license reinstated during this hearing. You will only be able to drive for religious, work, school, or medical reasons under this temporary license.
This hearing is an integral part of your case. It will give your criminal defense lawyer a chance to cross-reference witnesses, such as the arresting officer. They will question whether the officer had probable cause to pull you over in the first place, whether the breath test used (providing you agreed to take the test) was in good working order, and whether the consequences for refusing a breath test were properly explained to you.
If you are not sure how to apply for this review hearing, then speak to a DUI attorney at The Law Place today. We will explain every step of the process to you and work tirelessly to ensure you are treated fairly.
How Much Will a DUI Attorney Cost Me in Bradenton?
The cost of a DUI attorney can vary massively from case to case. It is dependent on the facts surrounding your case and the skill of the lawyer. But overall, the more you spend on an attorney, the more experienced the attorney you will get.
When trying to figure out the cost of representing someone who has been convicted of a DUI, an attorney must consider the evidence brought against them. If there were any complications during your arrest, this could drive the price up considerably. Below is a list of questions you may be required to answer:
- Did your DUI result in an accident?
- If yes, did the accident result in personal injury or property damage?
- Was this your first DUI?
- If no, how long ago was your last DUI?
- Was there a minor in the car at the time of your DUI arrest?
- Do you have any past convictions?
Upon calling The Law Place, you will be offered a free consultation, in which you may be asked several of these questions. Using your answers, your attorney will determine the charges you are facing and how much they will charge for their services. Our law firm has your best interests at heart, and we strive for transparency in all our cases. We will explain every aspect of what we can do for you and exactly what you are spending your money on.
Can You Refuse to Take a Breath Test When on Private Property?
The simple answer to this questing is yes, although it is not advisable. Law enforcement officers reserve the right to request a breath test from anyone found to be in control of a vehicle, providing they have probable cause. If the private property you are on has a mode of entrance or exit to a public road, an officer can request a breath test and charge you with a DUI if you are over the limit. Failure to provide a sample will result in the same penalties outlined above.
Is a DUI Charge Worse Than a Reckless Driving Charge?
A DUI charge is considered worse than a reckless driving charge. A skilled defense lawyer will always do their utmost to get your charges reduced to reckless driving. While the penalties for reckless driving are still quite severe, they are nowhere near as serious as DUI penalties. Below are the penalties for reckless driving:
- First offense – Providing that nobody was hurt and nothing was damaged, you will be looking at a fine of up to $500 and a prison sentence of up to 90 days
- Second offense – Your fine could be increased to $1,000 and a prison sentence of up to 6 months.
Clearly, these charges are not ideal, but they are much better than DUI penalties. If you are unsure what charges you are facing, then please call The Law Place today and book a free consultation.
Contact The Law Place Today!
Have you been charged with a DUI in Bradenton? Did you refuse to take a breathalyzer test? Do not waste any time. Contact a criminal defense lawyer today. They will help you apply for a hearing and attempt to get your charges reduced as much as possible.
Our attorneys have a combined experience of over 75 years, and our lawyers work together on every case to ensure that you benefit from every second of it.
Call The Law Place today at (941) 444-4444 for a free consultation.