Fort Lauderdale Failure to Read Implied Consent For Refusals Attorneys
Two different laws govern driving under the influence in Florida. The first is the one people are most familiar with, which states that it is illegal to drive with a blood alcohol content (BAC) greater than 0.08 percent. The other law is the implied consent law, which states that drivers must submit to chemical tests when requested to do so by law enforcement.
The implied consent law is often used as a defense in DUI cases, but it is largely misunderstood. If you have been charged with a DUI or have had your driver’s license suspended, our Fort Lauderdale failure to read implied consent for refusals attorney can help with your case.
Implied Consent in Failure to Read Implied Consent for Refusals Cases
Like all other states, Florida’s implied consent law stipulates that all motorists in the state are required to undergo a breath, urine, or blood test when asked to do so by a law enforcement officer. This requirement is in exchange for the privilege of driving and as soon as a person receives their driver’s license, they have already given implied consent to these tests.
However, the implied consent law of the state also says that law enforcement officers cannot force drivers to take these tests. Drivers are allowed to refuse, but doing so will result in harsh penalties. For a first offense, motorists that refuse a chemical test will have their driver’s license automatically suspended for one year. Suspensions lengthen with subsequent offenses, and repeat offenders could even face jail time.
What is a Failure to Read Implied Consent for Refusals?
Any time a driver refuses to submit to a chemical test, the police officer is obligated under the law to issue the motorist a warning. The warning is very standard and informs the driver of the consequences associated with refusing the test. It is only after the officer has issued this warning that a refusal will result in a driver’s license suspension or other penalties. If the warning is not given, the driver cannot face any consequences for refusing to take a test.
What to Do After a Failure to Read Implied Consent for Refusals
If you refused to take a chemical test and the officer did not warn you of the consequences, you should demand a formal review hearing within ten days of your arrest. At this hearing, you can argue that you were not warned of the consequences of refusal, and the administrative suspension should be invalidated. At your trial, any evidence of the refusal should be deemed inadmissible if the law enforcement officer did not provide the warning.
Our Fort Lauderdale Failure to Read Implied Consent For Refusals Attorney Can Help
Getting your driver’s license back after a suspension is not always easy, even when you have the right to do so. At Meldon Law, our Fort Lauderdale criminal defense lawyer can help you prepare for the administrative hearing and represent you at trial to give you the best chance of a positive outcome. Call us today at 800-373-8000 or fill out our online form to schedule a free consultation and to learn of your legal options.
