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Explaining Implied Consent Laws in South Florida
Many DUI defenses in Florida revolve around the Implied Consent Law. In many ways, Florida Statute Section 316.1932 provides greater protections than those provided for in the United States Constitution. Florida’s implied consent statute limits the power of the police to require a person to submit to testing without consent and provides for the exact methods under which a sample must be taken and tested.
Under the implied consent provisions, when a person obtains a driver’s license the person gives consent in an implied manner to provide a lawful breath, blood or urine sample under certain conditions. The purpose of submitting to the chemical test is to determine the level of alcohol or drugs in the body after the officer has probable cause that the person was driving while under the influence of alcohol to the extent the person’s normal faculties were impaired.
The implied consent statute may not even come into play if you voluntarily agree to provide the sample. But if you refuse, that is when the officer will read the implied consent warning. The officer might even read the warning if you are just wavering in your decision about whether to submit the sample.
If you were charged with DUI in Palm Beach County or Broward County, then contact an experienced traffic attorney at Meltzer & Bell, P.A., "The Traffic Stop." We represent both locals and visitors of Palm Beach County and Broward County, in cities such as Fort Lauderdale, West Palm Beach, Boynton Beach, Delray Beach, and other communities.
During your initial consultation, we will talk with you about what the arresting officer told you about Florida's implied consent law. The warning or lack of a proper warning could impact the admissibility of an alleged refusal or the results of a breath, blood or urine test.
The warning is as follows:
__ BREATH TEST
I am now requesting that you submit to an approved test of your breath for the purpose of determining the alcoholic content of your breath.
Or
__ URINE TEST
I am not requesting that you submit to an approved test of your urine for the purpose of determining the presence of any chemical or controlled substance.
Or
__ BLOOD TEST
I am now requesting that you submit to an approved test of your blood for the purpose of determining its alcoholic content and/or the presence of any chemical or controlled substance.
Will you take the test?
If you fail to submit to the test that I have requested of you, your privilege to operate a motor vehicle will be suspended for a period of one (1) year for a first refusal, or eighteen (18) months if your privilege has been previously suspended as a result of a refusal to submit to a lawful test of your breath urine or blood.
Additionally, if you refuse to submit to the test I have requested of you and if your driving privilege has been previously suspended for a prior refusal to submit to a lawful test of your breath, urine or blood, you will be committing a misdemeanor. Refusal to submit to a test I have requested of you is admissible into evidence in any criminal proceeding.
Do you still refuse to submit to this test knowing that your driving privilege will be suspended for a period of at least one year and that you will be charged criminally for a subsequent refusal?
A DUI is a stressful situation to face, and you may have questions about your available options, To understand the laws surrounding your charges, as well as what defensive strategy may suit your individual needs, turn to Meltzer & Bell, P.A.. We have experience in handling a wide range of traffic and DUI offenses, from BAC test refusals to first time offenses in cities throughout Palm Beach County and Broward County, such as Ft. Lauderdale, West Palm Beach, Pembroke Pines, and Boca Raton.
Call us today at (561) 557-8686 to schedule your free appointment.
This article was last updated on Friday, May 13, 2016.
Steven Bell
Lawrence Meltzer
Stephan Dobrinsky
Ari Goldberg
David Goudreau
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