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Criminal Defense Blog

The Law Office of Jerry Jenkins

Orlando FL DUI Lawyer

Drinking and driving is something that can lead to serious consequences and should be avoided at all costs. However, it is a fairly common occurrence. Being pulled over for a DUI offense can be a frightening, harrowing experience.

A DUI traffic stop involves several different things. First, the officer will speak with you and observe your behavior to help him/her determine if you have been drinking. The officer may ask you for a field sobriety test, involving a series of physical tasks designed to challenge your motor skills. An additional blood, breath or urine test may also be asked.

The legal blood alcohol limit for driving in Florida is .08. Many people involved in a DUI traffic stop wonder if they can refuse the breathalyzer test (or blood or urine test).

Can I refuse a DUI breathalyzer test in Florida?

Florida has a law known as “implied consent” that basically states that if you have been stopped by an officer, you implicitly agree to take part in a breathalyzer test to determine your blood alcohol level. You are able to refuse a breath, blood or urine test. However, because of the “implied consent” law, refusing to take the test means you will incur other penalties.

What happens when I refuse the test?

If you choose not to submit to a breath, blood or urine test, there are a number of different possible outcomes.

First, just because you have refused a test does not mean you won’t be arrested for a DUI. The blood alcohol levels of a test are used in court proceedings to prove you were driving over the legal limit. If you refuse to take the test the officer or prosecution may not have a definite alcohol level on record for you, but they will likely use your refusal as a way to try and convince the judge or jury that the reason for your refusal was that you knew you were intoxicated past the legal limit.

If it is your first DUI offense and you refuse the test, you may avoid criminal charges but your license is likely to be suspended for a year. Refusing a test for a second offense, and any after, will incur a license suspension for over a year, and you will be charged with a misdemeanor.

What to do if you’ve been arrested for a DUI

If you have been arrested for a DUI, whether or not you have refused a test, it is in your best interest to contact a Florida DUI Lawyer. Jerry Jenkins is an experienced Orlando DUI Lawyer and will help you with your DUI case.

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