The Complete Guide to Florida’s Breathalyzer Policy 

 February 29, 2016

By  LMW Attorneys

You see flashing lights in your rearview mirror and pull over. After a series of questions, the officer asks you to take a breathalyzer test. Now what? The question of whether to take a breathalyzer test is a common one. Most people know the legal consequences of taking the test, but few understand the repercussions if you do not.

Florida’s Breathalyzer Policy: Implied Consent

Florida’s implied consent law dictates that any person who operates a motor vehicle within the state is deemed to have given his or her consent to submit to a state-approved chemical test. This includes a breath, blood or urine test, given for the purpose of assessing the driver’s blood-alcohol content (BAC) or drug use. These tests help to determine the lawful arrest for an offense allegedly committed while the person was driving or in physical control of a motor vehicle while under the influence of drugs or alcohol.

Penalties for Refusing to Submit to Breathalyzer

Once you are arrested, the officer must tell you that your refusal to take a breath, blood or urine test can result in several different penalties. For your first offense, your license will be suspended for one year. For every subsequent offense, your license will be suspended for 18 months plus additional penalties, such as jail time and misdemeanor charges.

Florida DUI 10-Day Rule

When you are charged Driving Under the Influence in Florida your license will be suspended, however, the court will issue a 10-day temporary permit if your driving privileges are otherwise eligible. The court will issue the person a notice of suspension at that time, and then take five days after receipt to review the results of any blood tests that were administered during the DUI and determine if your blood-alcohol content was actually 0.08 or higher. The court will then suspend the driver’s license and 10-day permit, all according to Fl. Statute 322.2615 – Suspension of license; right to review.

Contact Laporte, Mulligan & Werner-Watkins to Defend Your Florida DUI Case

The attorneys Laporte, Mulligan & Werner-Watkins will aggressively and efficiently defend your interest in your DUI case. They will provide you with the guidance you need. When you come to Laporte, Mulligan & Werner-Watkins, P.A., you can trust your attorney will focus on fighting your DUI charges and helping you get your life back to normal as quickly as possible. Contact the legal professionals at Laporte, Mulligan & Werner-Watkins today.