Driving your car under the influence (DUI) of alcohol or drugs is considered a criminal offense in the United States. In Florida, DUI is considered a severe crime that can attract heavy fines. What happens if you are pulled over for a DUI test, and you refuse to take the blood, urine, or breathalyzer test as requested by the officer on duty? Are you guilty? Will you have committed an offense by refusing to cooperate with the officer?
The Federal law in the US states that a citizen is always presumed innocent until proven guilty beyond any reasonable doubt. Therefore, no citizen can be charged merely upon an officer’s suspicion that he or she has committed a criminal offense.
Application of Implied Consent
If a traffic officer suspects that you are driving your car under the influence of alcohol or drugs, the law requires you to take a chemical test by either breathe, blood, or urine to establish your actual blood alcohol content (BAC).
The implied consent laws dictate that you agree to take the necessary chemical tests required to assess your blood alcohol content as long as you are on the road driving. According to Florida DUI regulations, you are committing a criminal offense if you are driving a car with a BAC level of 0.08 percent or more.
The Blood-Alcohol Content Test in Florida
In Florida, the officer is required to establish your BAC level by breathalyzer. The officer will administer the test and show the test results. A breathalyzer refers to a unique device specifically designed to measure your blood-alcohol concentration level using your breath.
There is a permitted legal limit, and if your concentration goes beyond the set limit, then the police officer is required to arrest you. For a first-time offender, a DUI will cost you at least $1,000, at least 50 hours of community service and at least a month in jail based your BAC concentration level. You may pay higher penalties in Florida if your BAC level is beyond 0.15.
What Happens if You Refuse to Take the DUI Test?
The state law in Florida considers driving as a privilege and not your democratic right. The moment you sign your driving license, you agree to implied consent as discussed above. Therefore, it becomes mandatory for you to undertake the various chemical tests to find out whether you are under the influence of drugs or alcohol while driving.
It is your right to decline a simple breathalyzer test, but the penalties may be much more massive and possibly worse than if you were found guilty. Such an action could lead to instant revocation of your driving license and may still be admitted in court.
Are You Facing a DUI Charge?
Don’t worry if you are facing DUI charges since Chamberlin Law Firm is here to help you. Contact us today at (813) 444-4777, and we will gladly take over your case. Hunter Chamberlin is experienced in identifying potential issues in DUI cases to provide the best possible defense that will most likely lead to a favorable outcome.
Posted on: 5 Feb, 2018
