Refusing a Breathalyzer Test in Miami
Miami DUI Lawyer: Test Refusals
Under state law, you are required to submit to chemical testing if you are suspected of DUI. The chemical test could be breath, blood or urine. Any person driving on any public street, road or highway in the state has given "implied consent" for chemical testing. If law enforcement believes you are driving drunk, due to you exhibiting certain driving behaviors (speeding, swerving, wrong way driving, etc.), they have the right to pull you over and ask you to submit to the chemical test.
Conversely, if you are not exhibiting any such driving behavior, police does not have the right to stop you (except at a properly scheduled and operated roadside sobriety checkpoint). You could be pulled over for some minor issue, such as a burned out taillight, and subsequently asked to submit to a breath test. No matter what happened in your case, you need to know what could happen if you refuse the test. At Seltzer Law, P.A., we defend those who have refused the chemical test, and if you are in this position, call us now. We are available 24/7.
Test Refusal Penalties in Miami
Law enforcement is required to inform you of the penalties for refusing the chemical test. If they do not do so, you may be able to avoid the punishments that will be imposed upon you, which include a year of license revocation. Even without physical proof of intoxication from breath or blood testing, you could still be convicted of DUI if there is other evidence that could be presented about you, your actions, your driving or even the fact of refusing the test. You could be forced to submit to more than one test, and this is also legal. If you refused the breath, blood or urine test, contact our firm at once. There are certain circumstances under which you could avoid penalties, and we know them all. As a former prosecutor, our lead attorney has been involved in many DUI cases, and there are factors that could allow you to successfully fight back against the consequences of refusing the test. Contact us today.