Perhaps the most common question asked of lawyers who practice in the area of DUI defense is whether or not to provide a breath sample during the course of a DUI investigation. In Florida, however, the request by law enforcement to provide a breath sample occurs only after the person has already been arrested and is in the process of being booked into the county jail. Whether or not a driver should provide a breath (or urine) sample depends on the specific facts of each individual case. However, every Florida driver, by virtue of the fact that the person is driving within the State of Florida, has given consent to any sobriety test required by law. Don’t believe it? Check the bottom of your Florida driver’s license. Consequently, a refusal to submit to a test has significant administrative and legal consequences.
Posted on: 15 Nov, 2016
