Consequences For Declining To Take a Breathalyzer Test Under Florida DUI Law
To be convicted of a DUI the prosecutor must establish beyond a reasonable doubt that the accused was under the influence of alcohol. Thus, under Florida DUI law the burden of proof is on the prosecutor. Generally, the most decisive piece of evidence in a drunk driving case is the result of the breathalyzer test. Usually, a breathalyzer test is admissible as evidence and used by the prosecutor to argue for the defendant's conviction. A driver who refuses to cooperate with a breathalyzer test requested by a police officer may be subjected to discipline. If you declined to submit to a breathalyzer test you should contact a Tampa DUI attorney for legal advice right away. A trained Tampa DUI lawyer should counsel you on the law and help defend against any penalties.
Under Florida D.U.I. law, refusal to submit to a breathalyzer test may be admissible as evidence. Usually, the refusal will be used as circumstantial evidence of guilt. However, a denial without more may also carry stern penalties. Therefore, it is important to seek the help of a qualified Tampa D.U.I. lawyer if you rejected to submit a breathalyzer test. If a driver refuses to cooperate with a breathalyzer test the judge may suspend the driver's license for up to one year. If the driver has previous breathalyzer test refusals the court may suspend the driver's license for up to 18 months.
In addition to a breathalyzer, a blood test may also be used to determine if the defendant's blood alcohol level was above the legal limit. Florida DUI law permits blood to be taken from a suspected drunk driver by force if the driver was involved in an accident, which caused serious bodily injury. Furthermore, Florida DUI law authorizes blood to be withdrawn from a driver who is unconsciousness. The law presumes that the unconscious driver has given consent to the blood test.
If you refused to submit a breathalyzer test or were arrested for a DUI Florida Law Group can help. Call us today for a free consultation with an experienced Tampa DUI attorney.
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