DUI Refusal to Submit to Testing
Due to implied consent, Florida law requires anyone suspected of driving under the influence of drugs and/ or alcohol to submit to a breath, blood, or urine test. These tests nearly always follow a Florida DUI. They are chemical tests used to determine a DUI suspect’s level of intoxication at the time of his arrest. Although an officer cannot force a suspect to submit to a test, refusing to take these tests violates that implied consent signed at the time you applied for your Florida driver’s license. Despite consequences and additional charges, many charged with DUI in Florida refuse these tests because they do not want to provide the state with incriminating evidence.
Without the results of these tests, it is much harder to issue a DUI, even if the officer recorded the initial driving pattern that led to the traffic stop. Yet, when drivers refuse these tests, they do face additional hardships, such as automatic license suspension. Additionally, prosecutors are allowed to use the refusal as evidence of guilt in a court of law. If you refused to submit to chemical testing at the time of your DUI arrest in West Palm Beach, attorney Brian Gabriel could help you carve out a strong DUI defense. Consider these possible administrative penalties.
Administrative Suspension I
If you refuse to submit to DUI chemical testing upon your arrest for the very first time, you will lose your license for one year. After your arrest, you only have 10 days to request a hearing to contest this suspension. With an attorney like Brian Gabriel working on your DUI case, it may be possible to obtain a permit so that you can continue driving while he challenges your suspension.
Administrative Suspension II
Administrative penalties are much more severe after a second charge of refusing to submit to DUI testing. If you have previously had your license suspended due to refusing the breath, blood, or urine test following your arrest, you can lose your license for 18 months. Losing your license typically occurs if you have previous DUI arrests on record. This type of suspension is a “hard” suspension which means that if your suspension is not successfully invalidated, you will not be able to drive in Florida for any reason for 18 months. If your DUI involves a charge of refusing to submit for the second time, it is especially important to consult with a dedicated DUI attorney who may be able to obtain a permit so that you can drive until the date of your hearing. Brian Gabriel has led DUI defense in West Palm Beach for over 30 years. He can aggressively fight these charges on your behalf while protecting your rights throughout the legal process. Call The Law Office of Gabriel & Gabriel at 561-622-5575 or contact us to set up a free and confidential legal consultation.