DUI Test Refusal
If an officer conducts a traffic stop on you and suspects that you are driving under the influence (DUI) of drugs or alcohol, he will more than likely ask you to take a DUI test. If you are asked to take a breathalyzer, urine, or blood test, you have the right to refuse. However, doing so can result in penalties that can sometimes be more severe than if you had taken and failed the test.
West Palm Beach First DUI Attorney
Andrew D. Stine is a dedicated defense attorney who provides quality legal representation to individuals who have been charged with refusing to submit to a DUI test in Greenacres, Riviera Beach, West Palm Beach, Boynton Beach, Lake Worth, Wellington, and the surrounding areas. Andrew Stine is an experienced defense lawyer who will thoroughly review the facts of your case and find mistakes made by law enforcement could potentially lead to having your charges reduced or dismissed.
Contact Andrew D. Stine, P.A. at 561.880.4300 and set up a consultation on your DUI test refusal charges allegations. Your initial consultation is free and it is a vital part of the defense process.
DUI Test Refusal Information Center
According to Fla. Stat. § 316.1932, anyone who accepts the privilege of operating a vehicle in Florida is deemed to have given their implied consent to submit to a breath, blood or urine test, in circumstances where law enforcement has reasonable cause to believe the driver was in actual physical control of a vehicle while under the influence of alcohol or drugs.
The law also gives individuals the right to refuse a DUI test. However, if an individual refuses to take a DUI test, his or her driver’s license will be suspended by the Florida Department of Highway Safety and Motor Vehicles. The driver’s license suspension will last for a year for a first offense, and 18 months for second or subsequent offenses.
Individuals who have previously refused to submit to a DUI chemical test can be charged with a separate criminal offense of “refusal to submit”. According to Fla. Stat. § 316.1939, this is a first degree misdemeanor, and can result in up to a year behind bars, and/or a fine of up to $1,000. However, in order to be convicted of refusal to submit, the prosecution must be able to prove that:
- The arresting officer had a valid reason to conduct a traffic stop.
- The arresting officer had sufficient probable cause to believe the defendant was driving under the influence of alcohol or drugs, and that his or her normal faculties were impaired.
- The arresting officer asked the defendant to take a chemical test for DUI.
- The defendant was informed that a second or subsequent DUI test refusal would result in a first degree misdemeanor charge, and was given the Implied Consent Warnings.
- The defendant refused to take a chemical test even after being given the Implied Consent Warnings.
- This was a second refusal and the first refusal resulted in an administrative license suspension for refusal to submit to chemical testing.
It is a well-known fact that police officers do not always follow proper procedure when conducting traffic stops and making arrests. If the arresting officer in your case failed to inform you of the Implied Consent Warnings, or pulled you over without probable cause, an experienced traffic crimes attorney in West Palm Beach may be able to have your charges reduced or dismissed.
Fighting to Protect Your Privileges
If you are facing charges for refusing to submit to a chemical test in Palm Springs, West Palm Beach, Wellington, Lantana, Lake Worth, Palm Beach, Pahokee, or the surrounding areas, contact Andrew D. Stine, P.A.. Stine is an aggressive DUI test refusal defense attorney who will use his knowledge and legal prowess to present the facts of the case in a way that is favorable to you.
Contact Andrew D. Stine, P.A. at 561.880.4300 to set up a free consultation to discuss your case. Your first consultation is free and the sooner you contact Stine, the sooner he can begin rigorously preparing your defense.