Many Drivers Unaware of "Implied Consent" Law in Florida
When it comes to the right to refuse a field sobriety test after being pulled over for a suspected DUI, many drivers, in Florida and in other states, are confused. The United States Department of Transportation reported the Florida had the highest test refusal rate in the country. However, most of these drivers do not realize that Florida has an "implied consent" law that applies to every driver in the state of Florida, whether he or she is a resident or not.
This law states that every driver has automatically agreed to submit evidence to the police, if necessary. This means that if a driver is pulled over for a suspected DUI, he or she has, by driving on Florida roads, already consented to having a breath, blood or urine test completed. Of course, drivers still have the right to refuse field tests, such as breathalyzers and motor skill evaluations. However, refusing does come with a set of consequences.
If the driver does end up being prosecuted for a DUI, he or she can have the fact that the test was refused held against him or her in court. The first time a driver refuses the test, he or she can have a license suspension of up to one year. If the same driver is pulled over on another occasion for a DUI and again refuses the test, then he or she can receive an additional criminal charge. For more information, contact the law office of Steven Cassanova today!
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