DUI license suspension for refusing breath test overturned

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Thomas C. Grajek View Profile

My client was pulled over by the police and suspected of driving under the influence.  After ordering him to do the field sobriety exercises on the side of the road, the police requested he submit to the breath test on the Intoxilyzer 8000.  My client refused.  Because he allegedly refused the breath test, the Florida Department of Highway Safety and Motor Vehicles suspended his license for one year.  Because my client retained an experienced DUI attorney immediately, I was able to request a Formal Review within 10 days to fight this administrative suspension of his license for refusing to take the breath test.  I won the Formal Review which set aside the suspension.  My client has his full driving privileges and there will be no entry on his driver’s license for refusing the breath test.  We are currently fighting the DUI charges in court.

Suspension set aside November 14, 2012         Citation # 2962-_ _ _

Shortly before that case I had another win where my client refused the breath test.  There are many problems with Intoxilyzer 8000 breath test machine.  I have a motion addressing many of those issues pending before the court.  My client was smart enough to retain an aggressive DUI attorney immediately!  This allowed me to fight the 1 year suspension of his driver’s license.  I won the Formal Review hearing so the refusal suspension was set aside.

Suspension set aside November 6, 2012           Citation # 1783-_ _ _

Winning the Formal Review is very important for another reason in a DUI refusal case.

If you refuse the breath test and DO NOT fight the suspension or DO NOT win the Formal Review and you are arrested in the future for DUI, REFUSING THE BREATH TEST BECOMES A CRIME SEPARATE FROM THE DUI! If you refuse the breath test and the suspension is upheld, if you EVER get arrested for DUI again and refuse the breath test again, you will be arrested for refusing and face up to a year in jail for refusing the breath test the 2nd time in addition to the DUI charge!

Make sure you retain an experienced DUI attorney who knows the legal issues in a Formal Review in order to keep you driving and avoid penalties in the future.

ALWAYS TALK TO AN AGGRESSIVE CRIMINAL DUI ATTORNEY IMMEDIATELY!!  It can be the difference between having or not having your full driving privileges for 18 months or more!

What is your best defense to a DUI charge?  Retain an experienced DUI attorney who is experienced at handling these types of case like Thomas C. Grajek.  Your best defense to a DUI charge is a DUI lawyer that knows the science behind alcohol consumption, how the Intoxilyzer (breath test machine) works (or actually does not work and why it is not a reliable test), how to cross-examine a DUI officer, and keeps up to date on the latest issues and developments in DUI law and with the breath test machine.

Call and talk Thomas Grajek, to an experienced DUI lawyer in Polk County today!

 PROTECT YOUR RIGHTS!!!  CALL AN AGGRESSIVE DUI LAWYER THAT IS NOT AFRAID TO STAND UP IN COURT AND FIGHT FOR YOU

 

CALL NOW !!! 863-688-4606

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