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 North Port 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.
Breath Test Refusal Lawyer in North Port: Understanding Implied Consent in 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.
Florida’s implied consent law 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.
Understanding Implied Consent
Implied consent is a crucial concept in Florida DUI laws. It means that by driving on public roads and highways, you have implicitly agreed to submit to a breath, blood, or urine test if a law enforcement officer suspects you of driving under the influence. This law is designed to prevent drunk driving and ensure public safety.
In Florida, implied consent is outlined in Florida Statute 316.1932. According to this law, drivers who refuse to submit to a chemical test can face penalties, including license suspension and fines. However, it’s essential to note that you have the right to consult with a local Florida attorney before making a decision about testing.
If you’re arrested for DUI, it’s crucial to understand your rights and options. A skilled DUI attorney can help you navigate the complexities of implied consent and ensure that your rights are protected.
Florida DUI Laws and Implied Consent
Florida DUI laws are governed by Florida Statute Chapter 316. This chapter outlines the laws and penalties related to driving under the influence. Implied consent is a critical aspect of these laws, as it requires drivers to submit to a chemical test if suspected of DUI.
In Florida, the legal limit for blood alcohol content (BAC) is 0.08%. If you’re found to have a BAC above this limit, you can be charged with DUI. However, even if your BAC is below 0.08%, you can still be arrested if a law enforcement officer suspects you of impaired driving.
A DUI conviction can result in severe penalties, including license suspension, fines, and jail time. That’s why it’s essential to understand your rights and options if you’re arrested for DUI. A skilled DUI attorney can help you navigate the complexities of Florida DUI laws and ensure that your rights are protected.
We’re here to serve you. Our phones are open 24 hours a day.
Chemical Tests in DUI Cases
Chemical tests are a crucial aspect of DUI cases. These tests are used to determine a driver’s blood alcohol content (BAC) or the presence of controlled substances. In Florida, drivers who are arrested for DUI are required to submit to a breath, blood, or urine test.
Breath tests are the most common type of chemical test used in DUI cases. These tests measure the amount of alcohol in a person’s breath and can provide an accurate reading of their BAC. However, breath tests can be affected by various factors, including the device used and the individual’s health.
Blood tests are also used in DUI cases, particularly if a driver is suspected of being under the influence of controlled substances. These tests are more invasive than breath tests but can provide a more accurate reading of a person’s BAC.
Urine tests are less common in DUI cases but can be used to detect the presence of controlled substances. These tests are typically used in cases where a driver is suspected of being under the influence of drugs.
If you’re arrested for DUI, it’s essential to understand your rights and options regarding chemical tests. A skilled DUI attorney can help you navigate the complexities of these tests and ensure that your rights are protected.
We’re Florida’s top litigation team with over 75 years of combined experience
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 driver’s 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.
From the initial call to updates on your case status, we are here to get you answers.
Test 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.” It is crucial to hire a criminal defense lawyer promptly to navigate these complex charges and build a strong defense case.
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.
License Suspension and Hardship License
License suspension is a common penalty for DUI convictions in Florida. If you’re convicted of DUI, your driver’s license can be suspended for a period of time, depending on the severity of the offense.
In Florida, a first-time DUI conviction can result in a license suspension of up to six months. A second-time DUI conviction can result in a license suspension of up to one year, and a third-time DUI conviction can result in a license suspension of up to two years.
However, it’s possible to obtain a hardship license during the suspension period. A hardship license is a temporary license that allows you to drive for limited purposes, such as work or school. To obtain a hardship license, you must petition the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and meet certain eligibility requirements.
A skilled DUI attorney can help you navigate the complexities of license suspension and hardship licenses. They can assist you in petitioning the DHSMV and ensuring that your rights are protected throughout the process.
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 an experienced DUI attorney 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 DUI case, and we will fight hard to make sure that you have not received an unfair charge.
Breath Test Refusal Lawyer in North Port
Being charged with breath test refusal in North Port can have serious consequences, making skilled legal representation essential. At The Law Place, our seasoned attorneys specialize in defending clients facing these charges, combining extensive courtroom experience, strategic negotiations, and expert forensic analysis to protect your rights.
Meet Our Expert Attorneys
David A. Haenel
Courtroom Strategist | DUI Defense Expert | Proven Results
David is recognized for his exceptional courtroom strategies and deep expertise in DUI defense. With meticulous preparation and aggressive advocacy, he consistently achieves positive outcomes for clients facing breath test refusal charges.
Darren M. Finebloom
Skilled Negotiator | DUI Defense Specialist | Client Advocate
Renowned for his skillful negotiations, Darren has an impressive track record of achieving favorable outcomes for his clients. His expertise ensures you receive the best possible resolution in your breath test refusal case.
AnneMarie R. Rizzo
Certified Forensic Lawyer Scientist | DUI Evidence Expert | Compassionate Counsel
AnneMarie brings specialized forensic expertise to complex DUI cases, adeptly disputing breathalyzer evidence. Her analytical skills have consistently resulted in reduced penalties and dismissals for clients facing breath test refusal charges.
Proven Track Record of Success
Our attorneys have successfully obtained dismissals of breath test refusal charges in North Port through aggressive forensic challenges, significantly reducing penalties for numerous clients. We are dedicated to employing strategic defenses to secure the best outcomes for your case.
Client Testimonials
- “David and his team are truly phenomenal. I am grateful for the positive outcome of my case. I highly recommend.” – Anne L. Weintraub
If you’re facing charges for breath test refusal in North Port, contact The Law Place for a free consultation. Our experienced legal team is available 24/7 to provide aggressive defense and ensure your rights are protected.
Frequently Asked Questions (FAQs)
What happens if I refuse a breath test in Florida?
Refusing a breath test can lead to serious penalties, including an automatic license suspension, fines, and potentially criminal charges, especially if it’s a repeat offense. Consulting a skilled attorney immediately is crucial to defend your rights.
Can I legally refuse a breathalyzer test in North Port?
While you have the right to refuse a breath test, Florida’s implied consent law means doing so carries significant legal consequences. An experienced lawyer can help you navigate the complexities of these laws.
How long could my license be suspended if I refuse a breath test?
Typically, a first-time refusal can result in a one-year license suspension. If it’s your second or subsequent refusal, the suspension period could extend to 18 months, along with additional penalties.
Can an attorney help avoid license suspension after breath test refusal?
Yes. An experienced DUI attorney can challenge the suspension through administrative hearings and potentially help you retain your driving privileges or secure a hardship license.
Are breathalyzer tests always accurate?
No, breathalyzer tests can produce inaccurate results due to various factors, including calibration errors, operator mistakes, medical conditions, or improper testing procedures. A forensic DUI attorney can effectively challenge these results.
How does The Law Place challenge breath test refusal charges?
Our team employs aggressive defense strategies, such as challenging the legality of the traffic stop, disputing the accuracy of breathalyzer results, and identifying procedural errors to secure reduced penalties or dismissal of charges.
Why should I choose The Law Place for my breath test refusal case?
The Law Place provides unmatched experience, aggressive courtroom advocacy, and a strategic approach to breath test refusal cases, ensuring you receive the best possible legal representation and outcome.
If you have further questions or need immediate assistance, contact The Law Place today for a free consultation.
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 expertise also extends to challenging the accuracy and reliability of breath and blood tests, which can be crucial in determining the outcome of your case.
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 ](tel:(941) 444-4444)to schedule a free consultation, and we will fight your breath test refusal case together in the State of Florida.
