Understanding Your DUI Charges and the Implied Consent Law

DUI laws include one known as the "Implied Consent Law," which impacts your rights to refuse or submit to testing of your blood, breath or urine for alcohol content. When defending a client against a DUI conviction, a defense lawyer will often find it easier if the client chose to refuse chemical testing.

Exercising Your Right to Refuse a Chemical Test

Florida DUI laws require that during a traffic stop where an officer suspects you of DUI, he or she must inform you of your rights to refusal of a chemical test. The officer must inform you verbally that refusal of a chemical test under the Implied Consent Law will result in a 1-year suspension of your license if this is your first refusal.

If you have exercised your right to refusal in a prior traffic stop, your license will be suspended for 18 months. The officer also must inform you that if your driving privilege was suspended for a prior refusal and you refuse again, you will face misdemeanor charges.

The process of explaining your right to refusal will conclude with the officer reminding you that refusal can be used as evidence in your case, and a final reaffirmation that you are refusing the test and are aware of the minimum 1-year license suspension penalty.

When Chemical Testing is Performed without Consent

There are some cases where the Implied Consent Law is not called into question when a chemical test is mandatory. This occurs when your DUI conviction results from an accident involving serious bodily injury or death. In these cases, a physician, registered nurse or other qualified person will perform a blood test to determine your BAC.

If you are unconscious when an officer suspects you are under the influence of alcohol, you are considered to have withdrawn your consent. A blood test may also be performed at this time, regardless if you were able to acknowledge your right to refusal.

When subjected to mandatory blood testing, you have the right to request that the testing be performed by a physician, qualified technician or registered nurse of your choice to draw the blood. You will be required to pay all fees associated with the additional testing, and a police-administered blood test will preclude your independent testing as evidence in your case.

After a Chemical Test Refusal: How Your Defense Lawyer Helps

There are 2 ways your DUI defense lawyer can use refusal of a chemical test in defending your case. In some situations, you may not have been properly informed of the consequences of refusal, which may be important evidence in your defense. Another way a refusal can be used to your advantage is that there will be no record of an accurate BAC level to use as evidence of your intoxication at the time of the arrest.

While the Florida DUI laws require that you submit to a chemical test, you have the right to refuse the test and accept the penalty of license suspension for violation of that law. If you were not given this option, your lawyer will argue that your right to due process was violated, which may result in your case being dismissed or sentence reduced.

To learn more about defending a DUI charge, check out our section on Fighting a DUI.