Breath & Blood Tests Put a Legal Team with More Than 20 Years of Experience on Your Side

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.

Read What Our Clients are Saying

  • “Rich Austin is the best. He is an awesome man and lawyer. I am 23 years old male and he helped me with a bad issue. I was so afraid and he never once turned his back on me. He kept my mom and her ...”

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  • “I got to say if I ever get jammed up again, this man will fight for you and will take your case to trial! All my cases were dropped. Got to say he is a very hard working at work and home! Thanks for e ...”

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  • “New to the Cocoa Beach area, I was in need of an attorney and unable to ask friends for recommendations. I did some internet researching and met with over 5 different attorneys. I hired Mr. Austin ...”

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  • “Outstanding attorney. He knows his law. Great service! Well worth the cost of services at any price! (Of course, this is my personal opinion.)”

    - Cris R.

Why Should I Choose Kernan & Austin, LLC?

  • You will receive an attorney who fights tirelessly for your freedom.
  • Our attorneys have an impressive, extensive, and successful record in court.
  • You will have an advocate on your side who is tenacious and professional.
  • You will be treated with the respect you deserve.
  • You will get a team of attorneys who have over two decades of experience.

Contact Our Firm Today

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