Florida is among several states that have passed “implied consent” laws. Implied consent laws relate to arrests for driving under the influence, also known as DUIs. To learn what you need to know about DUIs and implied consent, just continue reading this blog post.
A police officer can pull over drivers who appear to be under the influence. When an officer pulls over a driver, they have the right to request the driver take tests to prove if they are in fact under the influence of drugs or alcohol. If you are lawfully arrested, you have given your implied consent to take a blood, breath, or urine test to determine your blood alcohol content, or BAC.
With the implied consent law, officers also have the ability to request multiple tests from one driver. For example, an officer can ask a potentially impaired driver for a blood test and a breath test at the time of the traffic stop.
If a driver refuses to take any of these tests, there are immediate consequences. An officer should make a driver aware of these consequences at the time of the traffic stop. When refusing a test, an individual can have their license suspended, the refusal of the test can be used against them in court, and a subsequent refusal can count as a misdemeanor.
The first time an individual is pulled over and refuses these tests, they receive a one year license suspension. A second-time offense results in an 18-month license suspension and additional consequences are possible, such as misdemeanor charges and jail time.
Even though individuals have the right to refuse a test, they can still face jail time. Additionally, just because a person refuses their test doesn’t mean they won’t be charged for a DUI. If you or someone you know has been arrested for a DUI, contact Adam Dunn Law. Speak with an attorney now when you call us at 941-866-4352.