When It Is Legal For A Cop To Ask For A DUI Test

In Florida, every driver on the road is subject to the Implied Consent Law. Passed by the Florida Legislature, this law stipulates that anyone driving in the state of Florida has automatically given their consent to an approved chemical or physical test to determine the use of alcoholic content while operating a vehicle.

This means that just by the act of getting in your car/truck/etc. and driving on any road in Florida, you have given your consent to a breath, urine, or blood test if you are suspected of committing a DUI.

If you are pulled over by a police officer under the suspicion of a DUI and you refuse to submit to a blood, urine, or breath test after being asked, your driver’s license will be immediately and automatically suspended for one year.

A second refusal of the blood, urine, or breath test will result in an 18-month license suspension. Second or subsequent refusals are also considered a first-degree misdemeanor.

If you refuse a breathalyzer test, you have 10 calendar days to request a formal hearing and challenge your license suspension. It is imperative to contact an experienced DUI attorney immediately to begin this process within the given time constraints.

In the event that you are pulled over under the suspicion of a DUI, the police officer will most likely ask you to perform a “field sobriety test” such as walking in a straight line and/or submit to a breathalyzer test. If you submit to the breathalyzer test and blow a zero or number below .08 (the legal limit) and the officer continues to believe you still might be under the influence of drugs or alcohol you may be asked to submit a blood or urine test in addition to the breath test.

It is important to be aware of your rights if you are charged with a DUI. Certain field sobriety tests can be found inadmissible in court, breathalyzer tests can be challenged, and in the best circumstances charges can be reversed or reduced.

If your license is already suspended there are also options including hardship licenses that may allow you to get back on the road.

Complete our short questionnaire today and be connected with an experienced Florida attorney who can help you understand your legal rights and get your license back.