Police witnessed a driver having difficulty maintaining a single lane and initiated a traffic stop. The driver exhibited signs of intoxication and admitted to drinking. He staggered out of his vehicle in an attempt to complete field sobriety testing. He failed testing and refused to submit to a breathalyzer test. Police arrested the defendant on charges of DUI (Driving Under the Influence).
Refusal to Submit to a Breath Test
Florida has an “implied consent” law which states that any individual that drives in the state automatically gives consent to submit to lawful requests of breath or urine testing to determine their blood alcohol content (BAC).
As this is the law, there are serious consequences that are applied when a person denies law enforcement of agreeing to such a test. If a person refuses once, they will have their driver’s license automatically suspended. A second refusal will result in a driver’s license suspension of 18 months. The second offense will also be a first-degree misdemeanor. This will result in up to one year of jail time, 12 months of probation, and a fine of $1,000.
A breath test must be requested by an arresting officer who has probable cause to believe the person was drinking or is drunk.
Defenses to Refusal to Submit a Breath Test
A defendant can challenge the implied consent law. The following defenses could be used:
- Lack of probable cause by the arresting officer for asking for a breath test
- Lack of probable cause for the initial traffic stop
- Breath or urine testing impractical or impossible
- There was no actual refusal
- Lack implied consent warning
- Invalid consent
- Inaccurate statements of law
Musca Law Firm
A DUI charge can have many devastating penalties. Not only will you have fines to pay, but you could also be subject to serving jail time or being on probation. You will be required to do community service, have your car impounded for 10 days or more depending on the offense, and will have to take DUI classes. In addition, this charge will be placed on your permanent record, which will likely cause your insurance rates to go up, sometimes doubling or tripling. And if you have a job where you are required to drive, you could risk losing your job.
At Musca Law Firm, we believe that you are innocent until proven guilty. Our attorneys can help prove your innocence by listening to your side of the story and thoroughly reviewing all the details of your case. We will develop a strong defense for you to have your charges either lowered or completely dropped. None of our lawyers are afraid to enter heated negotiations with the prosecution to find a favorable outcome for you. Our firm serves all of Florida with multiple offices in various cities, including Daytona Beach, Clearwater, Key West, Gainesville, Lakeland, and many more. We offer a free initial consultation, so please call us today at (888) 484-5057 to determine how our firm could best support you and your needs.
RESULT: The Musca Law Defense Attorney believed in the Client’s innocence and brought the matter to trial. The Defense proved to the Prosecution their case lacked sufficient evidence. The charges were amended to reckless driving, which resulted in a NO DUI CONVICTION!