Refusing A Blood Alcohol Test When Pulled Over For DUI in Florida
Getting pulled over by the police is a nerve-wracking experience for anyone. The flashing lights, the sound of the siren, and the uncertainty of what comes next can be overwhelming. In such a high-stress situation, it’s common for drivers to feel confused about their rights and unsure about what and how much they should say. One of the biggest questions that might cross your mind is whether you should refuse a blood alcohol concentration (BAC) test when suspected of driving under the influence (DUI).
Florida’s Implied Consent Law For DUI Testing
Florida driving law operates under the principle of “implied consent.” This means that by obtaining a driver’s license and operating a vehicle within the state, you have implicitly agreed to submit to chemical testing (blood, breath or urine) if lawfully arrested for a DUI. This law helps law enforcement officers determine the presence of alcohol or controlled substances in your system.
When Can They Lawfully Administer The DUI Test?
An officer can lawfully administer a BAC test if you are lawfully arrested, and the officer has reasonable cause to believe you were driving or in control of your vehicle while under the influence. This involves the legal concept of probable cause, which means the officer has sufficient facts or evidence to lead a reasonable person to believe that a suspect committed a crime. Here are four examples of what might constitute probable cause for a DUI stop:
- Erratic driving: Swerving, drifting between lanes, or making abrupt turns
- Traffic violations: Running a red light, speeding, or failing to stop at a stop sign
- Accidents: Being involved in a collision, regardless of fault
- Observable impairment: Slurred speech, bloodshot eyes, or the smell of alcohol
In short, an officer must have a valid reason to stop you.
Legal Penalties For Refusing The Test
The legal penalties for refusing a BAC test are severe. A first refusal results in a one-year license suspension, while a second or subsequent refusal leads to an 18-month suspension and potential misdemeanor charges. The police must inform you of these penalties before administering the test. If they fail to do so, it could be a defense in your case.
It’s also important to note that these laws apply only to chemical tests of your blood, breath or urine. They do not require you to submit to field sobriety tests (FSTs) or impose penalties like license suspension for refusing to take FSTs. Police use FSTs during roadside stops to generate probable cause for arrest and to compel you to take a chemical test. However, they may not inform you that you have the right to refuse these tests, so it’s crucial to know and exercise your rights.
What To Do If Pulled Over In Florida
It’s crucial to stay calm and know your rights. Here are four strategies that may help:
- Stay calm and polite: Keep your hands visible, preferably on the steering wheel, and avoid making sudden movements. Be respectful and cooperative with the officer.
- Exercise your right to remain silent: You have the right to remain silent under the Fifth Amendment. Politely decline to answer questions that could incriminate you, such as “Have you been drinking?” Simply state that you are exercising your right to remain silent.
- Refuse field sobriety tests: In Florida, you are not legally obligated to perform field sobriety tests (FSTs) like walking in a straight line or standing on one leg. These tests are subjective and can be influenced by a range of factors. Politely decline to take these tests.
- Understand implied consent for chemical tests: Florida’s implied consent law requires you to submit to chemical tests (breath, blood or urine) if you are lawfully arrested for a DUI. Refusing these tests can result in an automatic license suspension and other penalties.
- Request legal representation: Ask for an attorney as soon as possible. You have the right to legal representation, and an experienced DUI attorney can help you navigate the legal process and protect your rights.
Remember, staying informed about your rights and the law can significantly help how you handle a DUI stop and its potential consequences.
Contact Keely Karatinos To Discuss Your Case
Attorney Keely Karatinos of Karatinos Law, PLLC has a proven track record of successfully defending clients in DMV hearings and court proceedings. Call 352-405-0537 or submit an online contact form to schedule a free initial consultation.