A witness contacted the Police after a single vehicle crash. Police found the wreckage with no passengers inside. After a search of the area, an Officer found the bloody Defendant hiding in some bushes across the street from the accident scene. The Defendant needed medical attention and the Police transported him to a nearby hospital for examination. The Defendant refused to submit to a blood test at the hospital. The Department of Highway Safety and Motor Vehicles immediately suspended the Defendant’s license for failing to submit to an alcohol test.
The Department of Highway Safety and Motor Vehicles
The Florida Department of Highway Safety and Motor Vehicles is an agency of the Florida government that issues driver’s licenses and photo ID’s, as well as registers and titles autos, mobile homes, and boats. They will also assist the highway patrol if there has been an accident.
The Department of Highway Safety and Motor Vehicles has a mission to provide highway safety and security with service that is excellent, along with providing education and enforcement.
Failure to Submit to an Alcohol Test
Under Florida law, anyone that fails to submit an alcohol test by their choice is making an unlawful decision. Florida has an implied consent law, which means anyone that possess a Florida driver’s license or drives a vehicle within the state has consented to one or more of the following tests if they have been pulled over for a DUI:
- Breathalyzer – Anyone who is requested by a law enforcement officer to do a breath test is required to do so.
- Urine testing – A urine test cannot be lawfully refused if a police officer has a reasonable suspicion that the person is under the influence of a controlled substance.
- Blood tests – Blood testing can help assist a police officer in determining what the blood alcohol content (BAC) is or if the person has been under the influence of a controlled substance. A blood test will only be required when a breath or urine test is not possible, such as if the offender is unconscious.
Musca Law Firm
Musca Law Firm serves the entire state of Florida, with multiple offices located in various cities, including New Port Richey, Stuart, Tallahassee, Pensacola, and many more. We offer a free initial case consultation to ensure that we are the best fit for your case. If we are, you will be fully represented at all times during the longevity of the case. We will use defense tactics that will bring the desired results for your case, including charges being reduced or dismissed. Our attorneys have well over 150 years of combined legal service. Please call us today at (888) 484-5057 to schedule an appointment with one of our experienced attorneys.
RESULT: The Defendant retained Musca Law Firm to defend the suspension of his driver’s license. The Attorney requested a Formal Administrative Review with the DMV to challenge the Client’s suspended license case. The Attorney subpoenaed witnesses and proved to the Hearing Officer that there was insufficient evidence to support the suspension of the Client’s license. The Attorney prevailed and the Department of Motor Vehicles LIFTED the suspension against the Client’s license.