In the State of Florida, driving under the influence is taken very seriously. Judges often hand out very harsh penalties and are rarely lenient with offenders. Florida uses an implied consent law, as outlined in Florida Statute 316.1932. It states that operating a motor vehicle is considered a privilege, not a right. By accepting this privilege, you have given implied consent that you will submit to a blood, urine, or breath test when requested by a police officer. Refusing to do so can result in serious penalties.
Here, at The Law Place, our criminal defense attorneys have a wealth of knowledge and experience when it comes to DUI charges and refusing to take a breath test. Contact us today and book a free consultation. Our team will give you some free, no-obligation advice on how best to proceed with your DUI.
Call The Law Place today on (941) 444-4444.
What Penalties Are Incurred by a Refusal to Take a Breath Test?
Refusing to submit to a breathalyzer test in Clearwater could make your DUI charge considerably worse. You are within your rights to refuse a breath test unless you’ve been involved in an accident and have caused personal injury or property damage. If this occurs, you are required, by law, to have a breath, blood, or urine test to determine if you were under the influence of drugs or alcohol when the crash happened. However, it is not advisable to refuse a breath test. If you do, here are the penalties you will face:
- First refusal – Your driver’s license will be suspended for a period not exceeding 12 months.
- Second refusal – Your driver’s license will be suspended for a period not exceeding 18 months
If you refuse a breath, blood, or urine test in the State of Florida, it will be admissable as evidence to use against you in any other ongoing legal proceedings. If you have refused to take a breath test in Clearwater, then call an experienced defense attorney from The Law Place today.
What Should You Do Following Your Breath Test Refusal in Clearwater?
Following a refusal of a breath test, it is advisable to call a defense attorney immediately. Facing these charges alone will not serve you well, and you could incur some serious penalties. A DUI attorney from The Law Place will help you understand the charges against you and build a solid defense.
When charged with a DUI, you have 10 days to apply for a court hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). If you do not do this, you will automatically waive your right to challenge your DUI charge. During this hearing, your DUI attorney may be able to get you a hardship license so you can drive for work, school, or religious purposes.
This hearing is vital to the success of your case. It is a chance for your DUI attorney to cross-reference witnesses, such as the arresting officer. They will determine if the officer had probable cause to pull you over, and if the consequences of refusing a breath test were properly explained.
If you don’t know how to apply for this hearing, then call The Law Place today and speak to a DUI attorney. They will give you the advice you need to help fight your case.
How Much Will a DUI Attorney Cost Me?
A DUI attorney can vary massively in cost, depending on the details surrounding your case. Refusal to submit to a breath test can put the price of your attorney up. Also, the cost can go up if there were any complications during your arrest, such as:
- Past convictions.
- If you caused personal injury or property damage while driving under the influence.
- If you have had multiple DUI’s in the past
The cost of the attorney will be much higher if any of these complications are involved in your case. To get an accurate price, call The Law Place today and book a free consultation with one of our DUI attorneys. They will ask you a series of simple questions to determine exactly what charges you are facing. We are transparent with all of our costs, so we will explain our fee structure to you before you decide whether to enlist our help or not.
Contact The Law Place Today!
Have you refused to take a breath test in Clearwater, Florida? Are you facing a DUI charge and don’t know how to apply for a hearing? Then call one of our Florida DUI attorneys today and book a free consultation. We will do everything in our power to get your license reinstated and get your charges reduced as much as we can.
Our Florida DUI lawyers have a combined experience of over 75 years and, by working together, we make sure you benefit from every moment of it. We value the rights of all of our clients, and all of our meetings are protected by the attorney-client relationship, so you can feel safe when you talk to us.