Driver Admits to Drinking and Driving, Refuses Breath Test

License Reinstated!

The Charges

Client was stopped for failing to use a turn signal while crossing all three lanes of traffic. After making contact with the driver, the officer observed that he had glassy and watery eyes, slurred speech, and emitted a strong smell of alcohol. The driver admitted to drinking and stated that he had lost count of how many drinks he had consumed earlier. Field sobriety tests were administered, and our Client performed poorly. He refused to submit to a breath test.

Drinking and Driving in Florida

In Florida, drunk driving laws state that anyone with a blood alcohol content of .08% or higher should not be operating a motor vehicle. This is a standard level that is consistent across all states in the nation.  

The number of drinks a person consumes can have varying impact on their blood alcohol level, depending upon multiple factors at play. However, studies have shown that for every alcoholic beverage consumed, a blood alcohol level goes up by approximately .05%.

If a person is convicted of drunk driving, they will receive a charge of DUI (Driving Under the Influence). Penalties for a first offense include up to six months in jail, a fine between $500 and $2,000, and a license suspension between 180 days to one year. If a minor is in the car, or one’s blood alcohol level is .15% or higher, then the fines will be doubled.  

The vehicle that was driven during the arrest will also be impounded for 10 days. Under certain circumstances, this can be avoided, such as if the family only has one vehicle.  

Refusing to Submit to a Breath Test

In Florida, there is an implied consent law, which means that a person refuses this test they will automatically receive a license suspension and be subject to a fine. If it is your first offense, a suspension of one year will be given. For a second offense, as well as a third offense, an 18-month suspension will be given. 

Arresting Officer Failed to Appear

The arresting officer should appear in court for your case so that they can give their side of the story and present any evidence that they have. Generally, if the arresting officer fails to show up, the defendant will automatically win the case. 

Retaining Legal Services

Receiving a DUI charge is an offense that no one wants to see on their record. If you have been arrested for drinking and driving, your best option is to call a respectable law firm immediately to help you navigate your legal journey. 

Musca Law serves the entire state of Florida, with multiple offices in various cities throughout the state. We have dealt with many DUI cases and can effectively develop a strong defense for your case. We are ready to argue our way through the case, as we have your best interests in mind. We accept phone calls 24 hours a day as we know that life does not happen between 9am to 5pm. Call us today at (888) 484-5057 to set up a free consultation with one of our many experienced lawyers.

RESULT: The arresting officer failed to appear for the formal administrative review hearing on two separate occasions. LICENSE REINSTATED!