In a previous blog post of our criminal defense team in Broward, we discussed the penalties for being found guilty of driving under the influence (DUI). Today we discuss other key elements, such as the Chemical or Physical Test Provisions (Implied Consent Law) regulations (Florida DUI laws).
For example, the refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. In contrast, a second or subsequent refusal is a misdemeanor of the first degree.
Driver License Suspension Periods assume a period of one year for a first refusal and 18 months for a second or subsequent refusal. If mandatory, blood may be extracted in DUI cases involving serious injury or death by approved medical officers with the use of suitable force by the arresting officer, even if the driver refuses.
Any person who is incapacitated of refusal by reason of stupefaction or other mental or physical condition shall be considered not to have withdrawn his consent to such a test. A blood test may be conducted whether or not such a person is told that his inability to yield to such a blood test will result in the deferral of his privilege to operate a motor vehicle.
In a previous blog, we noted that one of the penalties for DUI includes a suspended or revoked license. In this context, we must warn that any person whose driver license/privilege is suspended for driving with an unlawful alcohol level, or revoked for DUI, DUI manslaughter or vehicular murder, or for any other crime ordered by the court and who causes death or severe injury to another person by utilizing a vehicle in a careless or negligent manner is guilty of a 3rd-degree felony, punishable by both imprisonment of not more than 5 years, a fine not to exceed $5,000, or both.
A special case is also reserved for drivers under the age of 21 driving with an alcohol level .02 or above. Florida Statutes authorize law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is below 21 while affected by drugs or who has any alcohol level might lawfully detain this particular person and demand them to take a test to know their alcohol level.
This infraction is not a traffic violation nor a crime, neither does being detained under this statute constitute an arrest. In this case, the license suspension can go from 6 months for a first offense, to 18 months for second or subsequent suspensions for refusal.
You can find out more information about from our criminal defense team and from the Florida Department of Highway Safety and Motor Vehicles
As we previously warned, all drivers should refrain from drinking and driving. If you get charged with a DUI, make sure you search for specialized legal counsel, given the so many details that such a complicated case entails. Our criminal defense team in Broward is available for discussions, counseling and court representation for this type of issue.
Call (954) 522-9997 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
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