Officers initiated a traffic stop on a driver who cut off a police cruiser at 4:30 a.m. The driver exhibited signs of intoxication and admitted to drinking at a friend’s home. The officers claimed that the driver had difficulty standing, swayed when he walked, and failed field sobriety testing. The driver refused to participate in a breath test and officers arrested him. The driver faces criminal charges of DUI (Driving Under the Influence).
Refusing to Participate in a Breath Test
In Florida, if you refuse to take a breath test, you will face many consequences. First of all, you will automatically have your driver’s license suspended. The amount of time will depend on the number of offenses you have committed. If this is your first DUI, it will be for a year. A second, third, or subsequent DUI offense with refusal will result in an 18-month suspension on your driver’s license.
Refusing to participate in a breath test could also result in hefty fines. And it will be an automatic vehicle impoundment. Add this to losing time from work due to being in jail. And if you have other DUI convictions, you may need to have an Ignition Interlock Device that you will need to pay for yourself.
If you refuse a breath test, you may find there is difficulty in legal proceedings. Another thing is that you will not be eligible for is Florida’s Diversion program. Many individuals that have been charged for a DUI opt to take the Diversion program as it offers a significantly lesser charge than what you will receive if you flat-out refuse the breath test. This program is only open to first-time offenders.
Musca Law Firm
If you have been charged with a DUI or have refused to take a breath test, you will need to have an experienced and skilled lawyer in your corner. Let Musca Law Firm fight for you. We offer a free initial consultation for new clients, in order to review all the details of your case and hear your side of the story. Then our attorneys will get right to work on your behalf. Our firm has over 150 years of combined experience with many of our attorneys working together. We will put together a strong defense and expose the weaknesses of the prosecution. Our firm expects the best possible outcome for your case. Please call us today to schedule your first appointment. We answer our phone calls 24 hours a day. A DUI conviction could harm the rest of your life so do everything in your power not to let such a conviction happen to you. Get legal help from Musca Law Firm as soon as possible by calling (888) 484-5057 to speak with one of our experienced attorneys.
RESULT: The Musca Law Defense Attorney believed in the innocence of the client and brought the case to trial. The attorney argued the validity of the officer’s claims partnered with the arrest video. The defense claimed the police made a bad DUI arrest and the jury agreed. It took 14 minutes for a jury to find the defendant NOT GUILTY!