On your Florida driver’s license it states in very tiny writing at the bottom:
OPERATION OF A MOTOR VEHICLE CONSTITUTES CONSENT TO ANY SOBRIETY TEST
REQUIRED BY LAW.
What does that mean?
Florida Criminal DUI Statute 316.1932is Florida’s “Implied Consent Statute” and states:
Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages. The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages. The administration of a breath test does not preclude the administration of another type of test. The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such a test or tests, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties. The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.
Florida’s “Implied Consent” statute applies to ANY and ALL drivers, including an out of state driver.
What does all that really mean?
By driving a vehicle on Florida roads, the driver consents to a Blood Alcohol Test or breath test IF the driver is UNDER ARREST for DUI.
The officer, who usually is a DUI officer, must inform the driver that refusing the breath test will result in a 12 month suspension of their driver’s license.
If the driver has previously been arrested for a DUI, refused the breath test (or chemical test), and the driver’s license was suspended for that refusal, the 2nd refusal to take the breath test results in an 18 month driver’s license suspension.
In addition, refusing a breath test a 2nd time is a 1st degree misdemeanor punishable by up to 1 year in jail (if the 1st refusal to take a breath test resulted in suspension because the driver lost his Formal Review).
That means, the suspected DUI driver who refused the breath test the 1st time he was arrested would now be booked into the Polk County jail for DUI and Refusing a breath test and be facing two criminal charges. Even if the driver was found NOT GUILTY of the 1st DUI at trial!
It also means that the DUI deputy DOES NOT have to tell the person that taking the breath test and blowing over 0.08 will result in a 6 month’s driver’s license suspension as part of the Implied Consent Warning!
It also means that the DUI officer does not have to tell the person that the 2nd time someone is arrested for DUI and takes the breath test, the administrative suspension is increased to 1 year!
IT MEANS THAT THE DRIVER MUST ALREADY BE UNDER ARREST BEFORE BEING ASKED TO TAKE A BREATH TEST!
IT MEANS THAT FIELD SOBRIETY EXERCISES (DUI officers like to call these Field Sobriety Tests) ARE VOLUNTARY and you DO NOT have to perform them under Florida’s Implied Consent law.
FINALLY, IT DOES NOT MEAN THAT YOU GIVE CONSENT TO SEARCH YOUR CAR OR VEHICLE WHEN AN OFFICER OR DEPUTY PULLS YOU OVER FOR A FOR A TRAFFIC INFRACTION.
Call now and speak to an experienced DUI attorney in Polk County. I handle all cases throughout Polk County, FL including DUI arrests by the Polk County Sheriff, Lakeland Police Dept., Haines City Police Department, Bartow PD, and Winter Haven PD.
PROTECT YOUR RIGHTS – CALL NOW 863-688-4606.
YOU ONLY HAVE 10 DAYS FROM THE DATE OF YOUR ARREST TO FIGHT THE IMPLIED CONSENT SUSPENSION OF YOUR DRIVER’S LICENSE!!!
Monday, June 11th, 2012 and filed under Lakeland Criminal Defense.
Tags: Bartow DUI attorney, Bartow DUI lawyer, Implied Consent, Lakeland DUI attorney, Lakeland DUI Lawyer, Polk County DUI attorney, Polk County DUI lawyer, Winter Haven DUI attorney, Winter Haven DUI lawyer