If you were pulled over on suspicion of driving under the influence of alcohol (DUI) in the State of Florida, then you will most likely have been asked to take a breath test by a police officer. Breath tests are also known as a breathalyzer, and it analyzes the molecules in your mouth for alcohol to determine your blood alcohol content (BAC) level.
It is common for drivers to refuse to consent to a breath test, but the refusal to submit might be used against you to prove guilt in court later, even if you were not actually intoxicated. In this case, you will need to hire a skilled criminal defense lawyer to help you battle these charges and protect your legal rights in North Port.
The Law Place has over seventy-five years of experience when it comes to fighting driving under the influence of alcohol (DUI) charges and protecting driving licenses all over the State of Florida. Our law firm has managed hundreds of cases like yours, and we have helped many clients that have faced unfair charges.
If you are suspected of drunk driving, then you have a legal duty to submit to a breathalyzer test. In the event that you refuse to take a breath test, then you will most likely face a driver’s license suspension for up to a year. If you wish to understand more about the law on breath tests in the State of Florida, then speak to a lawyer from The Law Place today. Our phone lines are open twenty-four hours a day, seven days a week so that you can speak to us at a time that best suits you.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation, and we will fight your breath test refusal case together in the State of Florida.
Implied Consent in North Port, FL.
Florida Statute 316.1939 outlines the law on implied consent in the State of Florida. In simple terms, any driver who operates a motor vehicle has already consented to submit to a breathalyzer test if they are held under arrest for drunk driving by a police officer. If you were to refuse a test, then you would face a license suspension in North Port.
Implied consent means that you give consent to take any physical or chemical driving under the influence (DUI) tests if you possess a valid driver’s license in the State of Florida. In other words, it is automatically assumed that you have accepted the terms of DUI tests at the time that you gain your driver’s license.
If a police officer has a reasonable suspicion to believe that you were drunk driving, then they can pull you over and request that you submit to a breathalyzer test. The consequences for refusing to take a breathalyzer test can result in the suspension of your driver’s license for up to one year.
In the event that you refuse to take a breathalyzer test for the second time, then you will face a license suspension for up to eighteen months, and you will be charged with refusal to submit to chemical or physical test, which carries serious penalties, including the possibility of spending up to one year in jail.
However, it can also be harmful if you were to submit to a breath test. A breathalyzer test will usually mean that you have to blow air into a device to measure your blood alcohol content (BAC) level. If your blood alcohol content (BAC) level is .08% or higher, then your driver’s license will be suspended regardless of your cooperation with the police officer.
Should I Refuse a Breath Test in North Port, FL?
You may think it is the right choice to refuse a breathalyzer test in the middle of a DUI investigation to give the police less evidence. However, a refusal does mean that you will lose your license for up to a year. Furthermore, the police can still use physical signs of drunk driving and impairment behind the wheel as evidence. The lack of a breathalyzer test will make it harder for the prosecutor to prove that you are guilty of driving under the influence (DUI), but they may still be able to prove your guilt beyond any reasonable doubt. Therefore, if you refuse the breathalyzer test, you will then be facing multiple charges.
A first-time offender will usually not have as much of a reason to refuse to take a breath test as they can more easily receive a hardship license to be used for work purposes only from the Florida Department of Highway Safety and Motor Vehicles (FHSMV), and they will also avoid a criminal case.
If you previously refused a breath test, and this is your second time refusing it, then your case becomes more challenging and the consequences more serious.
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Refusal to Submit a Breath Test in North Port, FL.
It is a criminal charge to refuse a breath test after refusing to take a breath test on a previous DUI arrest. This is a separate charge called refusal to submit to chemical or physical test, which is also sometimes referred to as “refusal to submit to testing” or “second refusal.”
Refusing to take a breathalyzer test twice is classed as a first-degree misdemeanor, which is punishable by spending up to one year in jail and receiving a $1,000 fine. In addition, a second refusal means that your driver’s license will be suspended for up to 18 months, and you will also be prohibited from obtaining a hardship license.
Florida Statute 316.1939 explains second refusal charges:
- The police officer has probable cause for suspecting driving under the influence of alcohol (DUI).
- The DUI suspect refuses to take a breathalyzer test (or a urine/ blood test).
- The police officer reads the terms of implied consent to the DUI suspect.
- The DUI suspect refuses to take the breath test once again, even after hearing the terms of implied consent.
- The DUI suspect’s license was suspended for a prior refusal.
We’re Florida’s top litigation team with over 75 years of combined experience
Hiring a Breath Test Refusal Lawyer in North Port, FL.
The Law Place has extensive knowledge on the laws of driving under the influence of alcohol (DUI) and refusal to submit to chemical or physical test charges in the State of Florida. Our law firm has managed hundreds of cases like yours, and we have the necessary skills to challenge the facts and tackle your case. If you hire a breath test refusal lawyer from The Law Place for your second refusal case, then you will benefit from:
- Full investigation of the facts.
- Analyzing the actions of the police officer in search of legal and procedural errors.
- Making a demand for full disclosure of evidence from the Florida government.
- Negotiating with the prosecution on reducing your charges or making a plea offer.
- Protecting your legal rights.
- Offering smart and insightful advice.
- Updates on the status of your case.
- Skilled at trial and ligation.
Our main priority will be to get your breath test refusal case dismissed entirely or get the penalties reduced as much as possible. A second refusal is a very serious and complicated charge, and you will need the seasoned advice of a lawyer that has plenty of experience in handling driving under the influence of alcohol (DUI) cases.
The Law Place will provide an extensive investigation into your case, and we will fight hard to make sure that you have not received an unfair charge.
From the initial call to updates on your case status, we are here to get you answers.
Contact The Law Place Today
If you are facing breath test refusal charges in the State of Florida, then you might be feeling uncertain of what to do next. You must reach out and speak to a skilled lawyer from The Law Place as soon as possible to have the best chance in your case.
The Law Place has gathered over seventy-five years of experience in tackling driving under the influence of alcohol (DUI) charges and breath test refusal cases for clients throughout the State of Florida. We will fight to protect your legal rights and your driver’s license no matter what.
Our team of breath test refusal lawyers is well acquainted with the court system and the judges in town, and we will make sure that your case is built to the highest possible standard. We understand that you might have had a good reason to refuse a breathalyzer test, and we will fight to ensure that you are not unfairly charged.
If you were arrested for refusing to consent to a breath test in North Port, then our law firm is here to help. Call our office today to set up a free case evaluation, in which a lawyer will explain the process to you and answer all your questions. Our phone lines are available twenty-four hours a day, seven days a week, so we are available when you need us the most.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation, and we will fight your breath test refusal case together in the State of Florida.
