Client was found by officers passed out behind the wheel, in an active left hand lane, with his car running. When the officers made contact with the driver, his head was leaning on the head rest, with his eyes completely closed. The officer shouted at the driver with no response, at this point the officer noticed that the vehicle was in drive, with the driver’s foot on the brake. The officer reached in the vehicle, placed the car in park, and removed the keys from the ignition. This had disturbed the driver, who was now awake. The officer asked the driver to exit the vehicle, where he stumbled, and was unable to stand straight. Field sobriety exercises were administered and completed poorly. Our client refused the breath test, and was then taken into custody, and charged with DUI.
Refusal of a Breath Test in Florida
In Florida, one is required to take a breath test if they have failed the field sobriety testing. When one holds a Florida driver’s license, there is implied consent. This means that anyone how has this license will deem consent to have one or more of the following tests performed: Blood test, breathalyzer, or a urine test.
If refused, an individual will lose their license for one year. If it is a person’s second or subsequent refusal, an 18 month driver’s license suspension will be imposed.
A person can contest the driver’s license suspension by submitting a written request for a formal review hearing. This must be done within ten days. These days are calendar days, not business days. Therefore, the weekend and holidays will be included in this count.
It is wise to hire an attorney who can help you request a formal administrative review hearing. After requesting this, your lawyer can help you in obtaining a special permit that will allow you to drive for 42 days while they fight the suspension.
Unfortunately, after that 10 day period, there will be nothing you can do about your driver’s license being suspended. They do not make exceptions for anyone. For the first 90 days of your suspension, you will not be allowed to drive at all. After this, you will be allowed to apply for a permit that will allow you to drive to work or for business.
Musca Law Firm
Musca Law Firm is located in various cities of Florida, such as Orlando, Naples, and New Port Richey. Our clients are our number one priority. We as a firm have 150 plus of collective experience. Our attorneys are ready to fight for you by developing a strong defense that will go head to head with the prosecution. Please call us today to set up your free consultation. We look forward to hearing from you.
RESULT: After diligent negotiations with the prosecution, we were able to obtain a No DUI Conviction for our client!