DUI Test Refusal Defense Attorney in Miami
Did You Refuse to Comply with DUI Testing in Fort Lauderdale?
Florida’s implied consent law establishes that by getting a driver’s license in Florida, drivers automatically consent to submit to a chemical or physical test if they are arrested for DUI.
Refusing to submit to a chemical or physical breath test upon a law enforcement official’s request is admissible into evidence in any criminal proceeding and can lead to two criminal charges: DUI and refusal to submit.
Prosecutors will argue that a driver’s refusal is evidence of “consciousness of guilt,” but the lack of the evidence such tests normally provide can make it very difficult for prosecutors to prove guilt beyond a reasonable doubt.
If you have been arrested for DUI and refused to comply with breath, blood, or urine testing, you need the immediate guidance of an experienced Miami DUI refusal defense attorney. At The Hoffman Firm, we can fight to protect you from the harsh consequences of a DUI conviction.
What Will Happen If I Refused a Breath, Blood, or Urine Test?
Under Florida's implied consent law, you are required to take a breath, blood, or urine test if you are arrested for a DUI offense and a law enforcement officer explicitly requests the test.
This means that once a law enforcement officer has sufficient probable cause to believe a driver is under the influence of a controlled substance or alcohol, a lawful arrest can be made and the driver is legally obligated to submit to testing.
Failing to comply with the implied consent law by not providing a breath, blood, or urine sample could result in a person having their driver's license immediately suspended. In addition, their refusal could be used against them as evidence in court.
A person who refuses chemical testing and is suspected of being involved in a DUI involving serious bodily injury or death of another person could legally have their blood withdrawn from their body by force if necessary due to the person's refusal to comply with the implied consent law.
DUI Test Refusal Penalties
Refusal to submit to DUI testing results in an automatic administrative suspension of the alleged offender’s driver’s license. Alleged offenders have 10 days to request a formal review hearing to contest the suspension and possibly obtain a permit that allows them to continue driving while fighting the suspension.
When a hearing is not requested, an alleged offender must wait 90 days to apply for a hardship license for employment or business purposes if it was that person’s first refusal. When an alleged offender’s license was previously suspended for a test refusal, he or she cannot drive for any reason for 18 months if he or she does not request a hearing.
As a first-degree misdemeanor offense, a conviction for a second or subsequent refusal to submit to chemical testing is punishable by:
- Up to 12 months in jail
- A fine of up to $1,000
Call Our DUI Test Refusal Attorney in Miami
If you were arrested for a DUI offense and refused to provide a breath, blood, or urine sample for law enforcement to examine, you are at risk of losing your driver's license. You could even be hit with fines or jail time. You need to retain representation from a trusted criminal defense attorney. Choose The Hoffman Firm.
We’ll help you understand the legal processes and your options. Call us at (305) 928-1669 today if you are in Miami. Call 954-737-3004 if you are in Broward County.
Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.
Decades of Experience
Attorney Evan Hoffman has over two decades of experience fighting for the accused.
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Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
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Florida Former State Prosecutor
Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
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