Brevard County Breath & Blood Tests Defense Lawyers
What are Florida's Implied Consent Laws?
According to Florida’s “implied consent” law, if a licensed driver is lawfully arrested by a police officer who has probable cause to believe that they have been driving under the influence, that driver automatically consents to taking a chemical test to determine blood alcohol content (BAC) or for drugs. Upon arrest, the officer should inform the driver that he/she refuses to take the test, his/her driver’s license will be suspended and that the refusal will be used against the driver in court.
If you have been arrested for DUI after failing or refusing a chemical test (e.g. breath, blood, or urine), that doesn’t mean that you are guilty. At Kernan & Austin, LLC, we can provide with the effective and personalized defense necessary to obtain the best results possible. With more than two decades of legal experience, our Brevard County criminal defense lawyers understand what it takes to protect rights, reputation, and freedom from the criminal consequences of DUI law.
Penalty for Refusing a Blood or Breath Test
If a driver is operating a vehicle with a BAC of 0.08 percent or higher, he/she may be charged with a DUI. Underage drivers may face license suspension penalties with a BAC of 0.01 percent or higher and commercial drivers may be charged with a DUI with a BAC of 0.04 percent or higher.
The following are the penalties for refusing a DUI chemical test in Florida:
- First offense – License suspension for one year
- Second offense – License suspension for 18 months
- Third offense – License suspension for 18 months
Let Our Brevard County DUI Attorneys Protect Your Rights & Future
Regardless of your test results, you may very well have a defense to fight the charges against you. When administering a breath test, for example, the police officer may not properly calibrate the machine before testing or failed to conduct the proper protocol. Our Brevard County criminal defense attorneys can investigate your arrest, gather and analyze evidence, and build a strong defense strategy on your behalf. Do not hesitate to get the legal help you need to get your life back on track.
Contact us and schedule a free consultation today.