The Constitution protects you from self-incrimination and prohibits police officers from searching you without permission or a warrant unless there are exigent circumstances. Does this mean that if an officer in Broward County pulls you over for suspicion of DUI, you can refuse to submit to a breath, blood, or urine test?

How Florida’s Implied Consent Law Works

Answering this question is more complex than you might think. You have the right to remain silent when answering questions from the police, such as “Have you been drinking tonight?” Anything you say in court can be used against you.

Your rights are less clear when it comes to chemical tests that detect alcohol concentration and presence in your body. Florida, like many other states, has an “implied consent law” that applies to all drivers licensed to operate on state highways. If a police officer has probable cause to arrest you for DUI, you are “deemed” to have consented to a breath, urine, or blood test. This implied consent does not violate your constitutional rights because it is part of the driving privileges.

Nevertheless, implied consent doesn’t mean that you must consent. You can refuse to take a voluntary test, but there are still legal consequences for refusing. According to the implied consent law, Section 316.1932 in the Florida Statutes, a refusal will result in a suspension of your driving privileges for a year.

You should also be aware that if you refuse to submit to a chemical test, it can be used as evidence against you. A refusal, combined with other evidence – such as eyewitness and police officer testimony – can be enough for a conviction. In this case, refusing to take the test will not be viewed as exercising your right to remain silent. Instead, it is interpreted as an implicit admission that you were drunk and knew you would fail. You can also be charged under Section 316.1932 with a misdemeanor for refusing the test if this is your second refusal.

Talk to a DUI Defense Lawyer in Broward County

Refusing to submit to a chemical, blood, or breath test if you have been arrested for DUI is not going to save you. You should not talk to the police. Instead, contact an experienced drunk-driving lawyer to help you navigate the legal system and protect your rights. 

Don’t let traffic tickets or driving-related charges weigh you down. Contact our Traffic Ticket Lawyer in Broward County today for a free consultation, and let Ticket Shield be your shield in the legal arena. Your peace of mind is their priority!

This post was written by a professional at Ticket Shield. Ticket Shield understands that life can sometimes throw unexpected challenges your way. That’s why Ticket Shield is here to help you navigate through legal roadblocks when you need it most. Their team of experienced lawyers specializes in a range of traffic-related legal matters, ensuring you have the best defense possible. Types of teams available:

  • Traffic Ticket Lawyer
  • DUI Lawyer 
  • Speeding Ticket Lawyer
  • Reckless Driving Lawyer
  • Suspended License Lawyer
  • Red Light Ticket Lawyer
  • Stop Sign Ticket Lawyer
  • Seat Belt Ticket Lawyer

 

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