A question I get asked all the time is should I take the breath test if I get stopped for Driving Under the Influence (DUI) in Florida? It is a simple question but one I cannot answer. In Florida, we have an implied consent law, once you are granted the privilege of driving in Florida and you accept that privilege, you consent to a breath test, or other tests as outlined in § 316.1932, Florida Statutes (2016). If you refuse to take a breath test when an officer requests, your license will be suspended. If you have refused a breath test before and your license was suspended, you can be charged with a misdemeanor crime for refusing again. So, if I were to tell you not to take a breath test, I would potentially be telling you to commit a crime and I am not going to do that.
Since I cannot instruct you to commit a crime, I can give you some information to help you make that important decision. The penalties for refusing to take a breath test are not as severe as the penalties for a Driving Under the Influence (DUI). If this is your first breath test refusal, your license will be suspended for 1 year. For any subsequent refusal, your license will be suspended for 18 months and you can be charged with a misdemeanor crime in addition to Driving Under the Influence (DUI) or any other charges.
Also, everything that occurs in a Driving Under the Influence (DUI) stop is designed to gather evidence to be used against you. From the time the police officer activates his lights until you are placed in handcuffs, you are being observed by the officer for signs of impairment. Your driving pattern, your speech, and the way you walk or move and certainly the officer will note the things you say.
If you are arrested and convicted for Driving Under the Influence (DUI) in Florida, the penalties, not to mention the expense, can be stiff. For a first offense, if found guilty, you could face up to six months in jail, thousands in fines, license suspension for six to 12 months and be required to install an interlock device on your car. An interlock device is a machine you have to blow into in order to start your car.
If you are arrested for Driving Under the Influence (DUI) in Florida you need an experienced attorney on your side. The Law Offices of Patrick J. McGeehan, P.A. is a logical choice to represent you if you are charged with Driving Under the Influence (DUI) in Florida. Conveniently located in Downtown Miami, Florida The Law Offices of Patrick J. McGeehan, P.A. provides quality, experienced representation to those charged with the crime of Driving Under the Influence (DUI) in Florida.
For more information on the crime of Driving Under the Influence (DUI) in Florida call Patrick McGeehan at 305-577-4933.