When you accept the privilege of driving in Florida, you are also giving your consent to certain lawful requests. These implied consent laws are used during a DUI investigation and allow police officers to request and administer certain tests to determine if there are any alcohol or controlled/chemical substances in the person in question’s system.
The attorneys at Stechschulte Nell Law will explain what exactly Florida’s implied consent law is and how it affects you as a driver.
What is Florida’s Implied Consent Law?
When you receive your driver’s license in Florida, you are accepting the privilege to drive within Florida, but also you are legally accepting and consenting to certain implied consent laws.
Florida’s implied consent laws are defined in Section 316.1932 of the Florida Statutes. These laws state that when you accept the privilege to drive within the state of Florida, you are allowing police officers, during a DUI investigation with probable cause, to request and administer certain tests that can determine the presence of alcohol or controlled substances in the driver’s blood, through either breath, urine, or blood testing.
So, whether a driver knew they previously agreed to these implied consent laws before, these laws allow law enforcement, during a lawful DUI arrest, the right to administer tests to determine if the driver has been drinking or doing drugs.
What the Implied Consent Law Covers
When a law enforcement agent has probable cause for a DUI, they can utilize one of three types of tests to determine scientifically if the driver has been drinking or using controlled or chemical substances. These three tests are breath tests, urine tests, and blood tests.
These three tests are what the driver is agreeing to upon accepting the privilege to drive in Florida. They cannot refuse these tests as they have given their consent when they got their license. The results of these tests may be used as evidence in court to prosecute the driver for driving under the influence.
Penalties for Refusing Implied Consent
There are serious penalties for refusing to submit to the appropriate tests that law enforcement has asked the driver to do.
The first time a driver refuses they will have their driver’s license suspended for one year. A second refusal results in an 18-month driver’s license suspension, as well as a first-degree misdemeanor. This criminal, misdemeanor charge also carries penalties of up to one year in jail or probation as well as a $1,000 fine.
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Pulled Over for Drinking and Driving?
Have you been pulled over for suspicion of drinking and driving or using controlled or chemical substances but refused a test? Did you not know you had previously given consent when you agreed to drive in Florida? Or did you agree to the tests, but felt your other rights were being violated, or did law enforcement not handle the situation in the correct procedural way?
There are many defenses available to challenge the Implied Consent Law and the attorneys at Stechschulte Nell Law are here to help you fight for your rights. Just because you are asked to provide a breath, urine, or blood test does not mean you have to if law enforcement does not handle the things procedurally correct on their end.
At Stechschulte Nell Law we are on your side to make sure there were no improper threats or promises by law enforcement, we will also make sure there was probable cause for your initial traffic stop, or that there were no inaccurate statements of the law to name a few defenses. Call us today at (813) 280-1244 and we will fight for you and your case to make sure you receive justice.