You go the end to drink through some friends and also then you decide to head home. You room driving along and the police rotate on their lights. You pull over and also briefly talk to the officer. The officer asks you to step out that the vehicle and do some ar sobriety exercises to determine if you room driving under the influence. Friend timidly comply and conduct the exercises which room at some time concluded by the officer placing friend under arrest. Girlfriend are put in the back of the police car and also then pushed to part location. The people at the jail put you in a room and ask if you desire to submit to testing. You say no as with you walk the an initial time you to be arrested because that drunk driving. Walk this sound familiar?

Florida state 316.1939 provides it a crime come refuse to submit to experimentation a second time when the police have probable cause that you were driving under the influence in West Palm Beach. In 2012, there were 56,664 arrests in the State the Florida for driving under the affect of i beg your pardon 18,268 refused to be tested. Florida state 316.1939 says that if a person refuses to submit to testing, then the person’s driver’s license would be suspended because that a year. The doesn’t sound so poor when faced with a potential DUI conviction, yet the State Legislature changed the legislation to now criminalizing a 2nd refusal to prevent civilization from dodging DUI convictions by continuous refusing come test. When a human being refuses to test, that is harder because that the prosecutor to prove that you were driving under the affect of alcohol.

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Ways you might act which will certainly be understood a refusal by the officer:

You say “No.”You start gaining argumentative or abusive through the officer.You pretend come blow right into the machine.You blow once yet do not blow a second time.You continue to be silent.The Police Testing

The police space checking to check out if you have alcohol in your device by having you blow into a maker which actions the lot of alcohol in your breath i beg your pardon correlates come the quantity of alcohol in her blood. If friend blow and also your blood alcohol level is below the legitimate limit, the officer might ask you come urinate to watch if you are under the affect of a drug.

If friend are involved in one accident and are unable to blow in West Palm Beach, the officer might ask you if you want to be tested by allowing someone to attract your blood. In Florida, police deserve to forcibly attract blood if you were affiliated in a wreck where someone was seriously injured. Watch Florida statute 316.1933.

Florida’s implied Consent Warning Florida statute 316.1932 states that if you run a auto in Florida, you room impliedly consenting “to submit to an authorized chemical check or physical check including<,>” if you to be lawfully arrested. Control a automobile is a privilege and not a right. If you start driving, you are in effect saying you will certainly submit to testing.

What the State Prosecutor has to Prove to judge a Defendant of This Crime

The state prosecutor has to prove past a reasonable doubt:

A law enforcement officer had probable cause to believe defendant journey or was in actual physical control of a motor auto in this state when either:Under the influence of alcoholic beverage, a chemical substance detailed in 877.111 Fla. Stat, or a controlled substance listed in thing 893 to the level the defendant"s regular faculties were impaired; orHis breath or blood alcohol level to be .08 or higher;The legislation enforcement officer either:Arrested the defendant for driving under the influence; orRequested a blood test;The defendant was educated that his refusal to send to a chemical or physical check of his breath, blood, or urine, would certainly be grounds to suspend his privilege to run a motor vehicle for a period of one year, or, in the instance of a second or succeeding refusal, because that a duration of 18 months;The defendant was notified that that is a misdemeanor come refuse to send to a lawful test of his breath, blood, or urine, if his driving privilege had actually been formerly suspended for a prior refusal to submit to a lawful test of his breath, blood, or urine;The defendant, after gift so informed, refuse to submit to a chemical or physical test of his breath, blood, or urine once requested to execute so by a regulation enforcement officer or correctional officer; andThe defendant"s driving privilege had been formerly suspended for a prior refusal to submit to a lawful test of his breath, blood, or urine.Defenses

A police officer cannot pull you over without reason. They need to have probable reason or reasonable hesitation which is based ~ above the truth of the situation; otherwise, the stop, the monitorings of the police officer, and the refusal to submit to testing are going to be suppressed.

Did you yes, really refuse to submit or did you not know what was going on? Were your language problems? to be you injured and not holy spirit “there” as a an outcome of a crash? our attorneys will certainly look at the facts of the case to see if you really did refuse or was there confusion regarding the question.

While no a complete defense, you will most most likely be prosecuted for DUI and the refusal. A great defense attorney might maybe negotiate through the prosecutor to have actually the DUI changed into a reckless control plea transaction which go not have actually the minimum mandatory sentencing favor DUI does.


The very first refusal outcomes in a one year suspension that the driver’s license. The refusal can be provided for a prosecution for a second refusal. A 2nd refusal is a first-degree misdemeanor i beg your pardon is punishable as much as 365 days in jail and also a $1,000 fine.

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Contact the legislation Office of i get it P. Foley, P.A.

Our West Palm coast attorneys have experience in handling driving under the affect cases. I get it Foley is a member the the nationwide College of DUI Defense. That is extremely experienced in this area. Speak to today to collection up a totally free 15 minute case strategy through Roger Foley to talk about your case and also any inquiries you can have. He has actually handled numerous DUI varieties of cases. He has attended seminars top top DUI situations taught by the leading experts roughly the nation. The experience and training that our attorneys have will go in the direction of crafting your defense strategy. Us can even take your situation all the way to trial, but before we have the right to fight for you, we need you to call!