A news station in central Florida found that four out of every ten drivers who are stopped for DUI in the state will refuse a breath test. The implied consent law holds that any person who accepts the privilege of driving in the state of Florida has effectively given consent to submit to an approved chemical or physical test.
Such tests could include a Breathalyzer test, a blood test, a urine test or field sobriety tests. This means if you were stopped without reasonable suspicion, or if your arrest was made without probable cause, then your refusal to blow cannot be used against you to deny your driving privileges. Otherwise, the penalty for refusing to take a Breathalyzer test in Florida is a mandatory license suspension.
At the time of your refusal, the police officer must tell you that if you have a prior license suspension for refusal to blow, the current refusal can bring misdemeanor charges in addition to a second license suspension. For a first offense DUI, refusal to take a Breathalyzer test could result in a one year suspension of your license.
A second and third offense will result in an month license suspension. Additional consequences, even jail time, could result from a second or third refusal to blow. You might also have to pay fines and the cost of the programs, however at the end, your DUI charges would be dropped.
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Following the dropping of the charges, you could choose to have your record expunged, which would remove the arrest from your record, however this is a separate process and is not automatic. Absent proof your BAC is. Further, the state prosecutor is likely to use your refusal to blow against you by arguing you refused because you knew you were guilty of DUI. There are other ways you can be judged to have refused a Breathalyzer test, including the following:.
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While in most situations you cannot be forced to take a breath, blood or urine test, the state is allowed to administer a blood test if you are unconscious, even if you have not yet been arrested for DUI. Forced blood draws are also permissible when a person was injured or if you are stopped for the third time for DUI. While a forced blood draw is legal in these two counties, one DUI conviction was overturned, based on such a blood draw.
Other Florida courts have ruled taking blood under these circumstances is not a violation of Fifth Amendment rights. It is likely this issue will continue to be battled out by Florida courts. The state does require police officers to obtain a search warrant—barring exigent circumstances—prior to taking a blood sample from an unwilling DUI suspect. Should you find yourself in the unlikely position of being arrested for DUI without being asked to provide breath or blood sample, you can ask to have a test administered.
The science involved in breath analysis includes gas chromatography, infrared spectrophotometry, fuel-cell detection and chemical analysis. The Breathalyzer machine has been in use since Record searches are limited to the first results. Business Name. Business Name is a required field.
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Connect with Us. Sometimes the judge will agree and let you out. Other times they will not agree and your bond will remain the same. This is especially true in serious DUI cases where the State feels that you will be a danger. So while your bond can go down at a bond hearing it can also go up if you are not careful.
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If after considering these factors the judge feels there is reason to change the bond, they will issue an order to reflect the change. This can result in your being released from jail. Most judges will not consider a pro-se motion for bond. They will only hear requests for changes of bond from licensed attorneys. Once these preliminary matters are addressed, it is time to move on to the more substantive issues that surround your case. There are many motions that occur after the filing of the information.
These are designed to uncover all evidence that can be used against you. Once all the information is obtained, other proceedings are in place to try to eliminate all of that evidence so as to place you in the best position for trial. If the attorney is successful this can result in the dismissal of your case or a reduction of charge. If the attorney is not successful, you can be assured that you have all the information necessary to prepare for trial. If the evidence is too unfavorable, then you can make a decision as to whether to proceed or enter into plea negotiation.
All of these are used to place you in the best position possible in making decisions in your case. After your arrest, your attorney will request discovery. Discovery is the name given to the process by which the attorney receives copies of all of the evidence that the State intends to use against you. The State may also request discovery from you, such as the names of witnesses or identity of your alibi.
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In a DUI case, discovery usually includes video evidence, lab reports and breath testing information. DUI discovery can be quite technical and can take time to obtain. The discovery will also include a witness list of all the people the State intends to call at trial. As part of the discovery process, your attorney may take depositions of these witnesses.
In a deposition the witness that is going to be called at trial must come in ahead of time and give a sworn statement. The attorney then uses this statement to gather more information in your case. At trial the attorney may use the statement to try to impeach the witness or make them seem less credible. If the testimony is favorable to you, the attorney may use the deposition to file motions to dismiss your case or suppress evidence.
The pre-trial or case management date is a status date that occurs after the attorneys receive discovery. At this date pre-trial motions are filed and deadlines are set. This is also where the trial date is determined. Sometimes a defendant will enter a plea during the pre-trial hearing if they no longer wish to challenge the case. In all cases the pre-trial serves as a control date to make sure the case progresses in a timely manner.
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This date ensures that all of the parties are aware of any and all deadlines and keeps cases from being lost in the system. It is a very important date for docket control. Pre-trial motions are a large part of DUI practice. It is through motions that many DUI cases are won or lost.
These motions occur prior to trial, and can sometimes serve as leverage to get a client a better deal. Motions are set in order to sort through the evidence and set the boundaries of a case. The four most popular pretrial motions are the motion to suppress, motion to dismiss, motion to compel and the motion in limine. Once your attorney has filed all the appropriate motions and the ruling have been rendered you must make the determination whether to plea or proceed to trial.
When an attorney enters into plea negotiations they are asking the State to make the best offer possible in order to avoid trial. When your attorney tries to negotiate a plea on your behalf, they speak with the prosecutor and present mitigating factors. These factors may be things about your life such as that you are a single parent, or that you confessed right away, or that going to jail would cost you your job. If your attorney is not able to negotiate an acceptable plea, the attorney can ask the judge to get involved in the negotiation.
Some judges are unwilling to do this.