June 16, 2023
In Florida, the implied consent law means drivers automatically consent to chemical testing — breath, blood, or urine — to determine BAC if they are lawfully arrested for DUI.
A first refusal can suspend the license for one year. Subsequent refusals within ten years can last 18 months. Refusal can also be used as evidence and can enhance penalties after a DUI conviction.
Defense still includes whether officers followed proper procedures, whether you were told the consequences of refusal, and whether the stop or search violated the Fourth Amendment.
This post is general information and should not be construed as legal advice.
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