In Florida, a police officer has the right to pull you over and ask you to take a breathalyzer test if they suspect that you might be drunk or under the influence of a controlled substance. As any Miami criminal defense attorney can tell you, it is not mandatory for you to submit to a breath test in Florida. However, your refusal to submit to the test can have serious legal consequences – especially if you have been convicted of DUI in the past.

Implied Consent Law in Florida

Florida’s implied consent law states that driving is a privilege, not a right. Under the law, it is deemed that anyone who accepts this privilege and gets behind the wheel automatically consents to submit to a breath test – if and when they are asked to do so.

Not many people, however, are aware of the implied consent law, as a result of which they refuse to submit to a breath test when they are stopped by police officers. Data shows that nearly 40% of drivers in Florida who are pulled over on suspicion of DUI refuse to submit to a breath test.

Consequences of Refusing a Breathalyzer Test in Florida

Under Florida law, you can be charged with a DUI even if you refuse to submit to a breathalyzer test. The police officer who stops you has the authority to arrest you if they suspect that you are drunk – even if they do not have any material evidence at that time to prove that your BAC is over 0.08. If you believe that you were wrongly arrested, you can contest the charge with the help of a Miami criminal defense lawyer.

Under the implied consent law, your refusal to submit to a breath test will automatically result in a driver’s license suspension – for a period of one year. It should be noted that the suspension cannot be overturned even if you manage to have the charges against you dropped or dismissed with the help of a Miami criminal defense attorney.

On the other hand, if you already have a DUI conviction on your record, and if you refuse to submit to a breathalyzer test, your driver’s license will be suspended for a period of 18 months. In addition to that, you will also be charged with a first-degree misdemeanor, the penalties for which include fine (up to $1,000) and jail time (up to a year).

Fight Your DUI Charges with an Experienced Miami Criminal Defense Lawyer

If you have been charged with DUI after taking a breathalyzer test or for refusing to take the test, experienced DUI defense attorney Chad Piotrowski can help you. A former prosecutor, attorney Chad Piotrowski has first-hand knowledge of the strategies used by prosecutors to secure convictions in DUI cases. As a result, he can spot exaggerated criminal charges from a mile away.

Miami criminal defense attorney Chad Piotrowski and his dedicated legal team will aggressively defend you, question the validity and credibility of your breath test results, and fight hard to have your DUI charges dismissed or reduced to the possible extent.

Call Piotrowski Law today at 305-783-3436 or fill out our online contact form for a free and confidential evaluation provided by a Miami criminal defense lawyer .