Charles L. Truncale
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904-469-0653
A Former Federal Prosecutor Who Now Fights For Defendants

Discussing breath tests and implied consent

One of the more intricate, but important, rules that fall under DUI law is "implied consent." What this rule says is that if someone is lawfully arrested by a police officer for driving under the influence of alcohol, then they must consent to a breath, blood or urine test to determine their blood alcohol concentration. In essence, when you accept a state issued driver's license, you are accepting the implied consent law.

Refusing to comply with implied consent will result in serious consequences for you. Your first refusal will result in a year-long suspension of your license in the state of Florida. Your second and third such refusals will see that suspension extended to 18 months.

Now, all of this might sound grim for the defendant in a DUI case. But there are a couple of important lessons here.

The first is that you shouldn't refuse a breath, blood, or urine test when accused of driving under the influence. This can complicate your case and make matters worse for you.

But the more important lesson is that when you are arrested under suspicion of driving under the influence of alcohol, it is not guaranteed that the police will handle the situation in a complaint and professional manner. They may not have sufficient probable cause to pull you over in the first place. They may have violated your rights in some other way. And any violations of this kind could lead to a diminished case against you, or even the total collapse of the case against you.

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