In this article, you can discover:
- Your rights regarding DUI investigation in Florida
- What happens after refusing a breathalyzer test
- How a Florida resident can still drive to work with a suspended license
Whether or not law enforcement can compel somebody to give blood during a DUI investigation depends on the nature and facts of the specific case. If the DUI involves serious bodily injury or death, then law enforcement can take blood by force by having staff hold the individual down. If you are unable to refuse a blood test when requested by law enforcement, then you have not revoked your implied consent. Everyone with a Florida driver’s license gave implied consent to cooperate with lawful requests for testing when they accepted their driver’s license and agree to follow the State’s driving laws.
If someone is unable to refuse a blood test, for example, because they are unconscious, this does not mean that they have automatically revoked their implied consent. In these cases, hospital staff can still take a blood sample. However, there are many potential complications and legal issues surrounding blood tests, such as how the test was conducted and why it was conducted. If the person was sedated or drugged before the test, this could be an issue as it may affect their ability to withdraw consent.
If a person is stopped by law enforcement and asked to take a blood or breath test to determine alcohol content, they have the right to refuse. However, refusal comes with potential consequences. Law enforcement must inform the individual of these consequences, which may be criminal and/or civil in nature.
If you find yourself in a situation where the state is trying to obtain your medical records, it is crucial to have an experienced attorney by your side. You only have fifteen days to object to the state’s request, and only then will a hearing be held. Although it is not an easy battle, I have won my fair share of these hearings. With the right help, you can make sure your rights are protected.
If the defense can prevent the state from getting medical blood evidence, there may be no other way for the state to prove impairment. This could potentially prevent prosecutors from going forward with such cases.
What Happens If I Refuse A Breathalyzer In Florida?
A DUI arrest often involves two cases in one: the criminal case and the civil case. The criminal case is handled by the state attorney’s office and can involve potential incarceration, while the civil case is focused on the potential administrative driver’s license suspension with the DMV.
If you are arrested for DUI and refuse to take a breath test, your license will be immediately suspended. However, if your license was otherwise valid at the time of your arrest, you will be able to drive for the first ten days after your arrest with your DUI citation. Keep the citation with you at all times, as it will act like a license for a ten-day period.
Anyone facing a license suspension as a result of a DUI arrest in Florida has the right to demand a formal review hearing with the Bureau of Administrative Reviews. First-time DUI offenders in Florida who hold a Florida License, also have the option to waive the formal review hearing and instead opt for a business purpose-only license/hardship license. This allows them to continue driving for work, school, and medical purposes and to maintain their livelihood, but not for fun. This decision must be made during the 10 day period following a DUI arrest.
On the criminal side, in a refusal case, the state can argue that the accused was aware of their own guilt in refusing to provide a sample of their breath or blood alcohol content. The argument would be that the accused knew that the results would be incriminating, and so they gave up their right to drive to avoid providing evidence.
For more information on Breath Or Blood Tests In A DUI Case In FL, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (813) 444-2817 today.
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