Sarasota Refusal Submit Breath Test Lawyer

According to a WFTV9 report from a few years ago, four out of every ten drivers who are stopped for DUI in the state of Florida refuse a breathalyzer test. Many in law enforcement find this statistic surprising, because, under Florida law all drivers give their consent for a chemical or physical test simply by possessing a Florida driver’s license. While many states have implied consent laws, Florida has taken it one step further. Under Florida Statutes, Section 316.1932, your refusal to submit to a breath test may be used against you at trial to show your “consciousness of guilt.” The tests you could be asked to take (other than a breath test), under the implied consent law, include a urine test, a field sobriety exercises, and a blood test.

If you’re facing DUI allegations in Sarasota, the path ahead can be fraught with challenges and uncertainties. Don’t leave your future to chance; consult with the experienced team at The Law Place. Our seasoned Sarasota DUI lawyers have the experience and dedication to navigate the complexities of DUI law and ensure you’re given a robust defense. Act now; safeguard your rights, reputation, and future. Reach out to The Law Place today for a consultation!

Rights and Responsibilities When Pulled Over for DUI in Sarasota

It’s essential to be informed about your rights and responsibilities when pulled over, especially when a potential DUI is in question. Here’s what you should know:

Rights

• Right to Remain Silent: You don’t have to answer questions about where you were or what you were doing. Politely state that you choose to remain silent.
• Right to an Attorney: If arrested, you can request an attorney before answering any questions. It’s a good idea to ask for one immediately.
• Search Warrant Requirement: Law enforcement usually needs a valid search warrant to search your vehicle. However, if an officer believes your car contains evidence of a crime, your car can be searched without your consent.

Responsibilities

• Provide Identification: You must show your driver’s license, registration, and proof of insurance.
• Follow Orders: You should follow law enforcement orders, like stepping out of the car. However, this doesn’t mean you’ve waived any of your rights.
• Chemical Tests: Under Florida’s implied consent law, you’ve automatically consented to certain chemical tests, but you can refuse. However, refusal can lead to penalties as discussed earlier.

Being pulled over can be a stressful experience. Remember to stay calm, be polite, and think before you act or speak. If in doubt about your situation, seeking advice from a Sarasota criminal defense lawyer can provide clarity and guidance on the path ahead.

Consequences of Refusing to Submit a Breathalyzer Test

Should you refuse a breath test, you may face a full year-long suspension of your license. If you refuse a second, third or subsequent times, the penalties increase to an 18-month suspension of your driver’s license, and you could be charged with an additional misdemeanor for refusing to submit to a breath test which could result in jail time.

This is assuming your DUI stop and subsequent arrest were lawful, meaning the police officer had good reason to pull you over, and probable cause to arrest you. If, however, your arrest was unlawful, then the refusal cannot be used to suspend your driver’s license.  You have a right to a hearing on the suspension with the Florida Department of Highway and Safety Motor Vehicles (which is separate from the criminal case), and motions or defenses can be raised at the hearing to have the suspension set aside.

If you lose the hearing, there is a mandatory 90 day hard time (this is a period where you can not get any driver’s license, not even a business purpose only license) that you will have to serve.  Otherwise, you can waive the hearing and a business purpose only license can be applied for immediately (you must be enrolled in DUI School and pay the required DHSMV fees for the consideration of the business purpose only license).

Florida’s Pre-Trial Diversion Program and Refusal to Submit to a Breath Test

If you refuse a breathalyzer test in the state of Florida, you become ineligible for Florida’s diversion program for first-time offenders—a considerably lesser sentence than you would receive from refusing to submit to a breathalyzer test. However, such programs are not offered in every Florida county.

Under Florida’s pre-trial diversion program, you might end up performing community service, attending DUI school, and perhaps taking a Victim’s Awareness Program. You would probably also have to deal with fines and fees, but the most positive aspect of a pre-trial diversion program is that when you have completed the program, your DUI charges would be dropped, and you could petition the court to have your DUI arrest removed from your record.

Understanding the Breathalyzer Machine in Sarasota

Breathalyzer machines have become a staple in DUI cases, often providing crucial evidence that can make or break a case. But how much do we truly know about them?

At the core, breathalyzers estimate Blood Alcohol Concentration (BAC) from a breath sample. Alcohol that a person drinks shows up in the breath because it gets absorbed from the mouth, throat, stomach, and intestines into the bloodstream. Alcohol is not digested upon absorption, nor is it chemically changed in the bloodstream. As blood flows through the lungs, some of the alcohol moves across the membranes of the lung’s air sacs into the air. The concentration of the alcohol in the alveolar air reflects the concentration of the alcohol in the blood.

Potential Machine Errors

Several factors can affect the accuracy of a breathalyzer result, including:

• Calibration: Like any machine, breathalyzers need regular maintenance and calibration. If not properly calibrated, the machine can produce skewed results.
• Residual Alcohol: Sometimes, alcohol may still be present in the mouth, leading to a higher reading than the actual BAC. This can be due to recent alcohol consumption or even the use of mouthwash or breath sprays.
• Medical Conditions: Certain medical conditions and diets could potentially affect breathalyzer readings. Conditions like GERD, acid reflux, and even the keto diet might produce false readings.

Understanding the nuances of how a breathalyzer operates can be vital in cases where there’s doubt over its accuracy.

So—Should You Submit to the Breath Test?

Obviously, the state of Florida expects your full cooperation and will almost certainly impose penalties, should you withhold that cooperation, but what many people are unaware of are the many issues currently associated with breath tests.  Some of the most commonly used breath test machines cannot accurately distinguish between alcohol found deep in the lungs and mouth alcohol. What this means for the average person is that even small amounts of residual mouth alcohol can lead to an inflated BAC reading.

In short, you could be far from impaired, yet blow over the legal limit. Yet, refusing the breath test is no guarantee you will not still be convicted of DUI, since even without proof of your BAC, if the police officer convinces the court you were driving extremely erratically or dangerously, then the argument will be that you refused the breath test because you knew you were guilty of DUI.

Steps to Take Immediately After a DUI Arrest in Sarasota

Time is of the essence following a DUI arrest. Taking the right steps can significantly influence the outcome of the case.

• Document Everything: As soon as you’re able, write down every detail you can recall about the arrest – from the events leading up to it to the arrest itself. Your recollection might highlight discrepancies in the officer’s report or provide avenues for defense.
• Gather Witnesses: If there were people with you or around during the arrest, get their contact information. Their accounts of the event might prove beneficial to your case.
• Avoid Discussing the Case: It’s natural to want to talk about the arrest, especially with close friends or family. However, it’s vital to avoid discussing details, as these discussions could find their way back to law enforcement or prosecutors.
• Request a DMV Hearing: If your license was suspended at the time of your arrest, you typically have a limited window to request a hearing with the DMV to challenge the suspension.
• Consult with a Lawyer: Before making any decisions or statements, seek advice from a Sarasota DUI lawyer. They can guide you through the complexities of your case, ensuring that your rights are protected and that you’re making informed decisions.

Taking these steps can position you better in the aftermath of a DUI arrest, ensuring that you’re proactive in your defense and prepared for the challenges ahead.

Field Sobriety Tests in Sarasota

In Sarasota, as in the rest of Florida, when law enforcement officers suspect a driver of being under the influence of alcohol or drugs, they often resort to field sobriety tests (FSTs) as a primary tool for gauging impairment. These tests are designed to assess a person’s physical and cognitive capabilities, aiming to determine whether they are compromised due to intoxication. Here’s what you need to know:

• Types of Field Sobriety Tests: The most commonly administered FSTs, recognized by the National Highway Traffic Safety Administration (NHTSA), include:
  • Horizontal Gaze Nystagmus (HGN) Test: An officer will observe the eyes of the suspect as they slowly move a pen or flashlight horizontally in front of the driver’s eyes. They’re checking for an involuntary jerking of the eyes, which becomes exaggerated when a person is impaired.
  • Walk-and-Turn Test: The suspect is asked to walk in a straight line, heel-to-toe, for a certain number of steps, then turn and return in the same manner. Officers are watching for signs of imbalance or inability to follow directions.
  • One-Leg Stand Test: The individual is instructed to stand on one foot while raising the other approximately six inches off the ground and counting out loud until told to stop.
• Limitations and Controversies: While FSTs are widely utilized, they are not foolproof. Various factors can influence an individual’s performance, including medical conditions, footwear, road conditions, nervousness, or fatigue. As such, failing an FST does not automatically equate to impairment due to alcohol or drugs.
• Implications for Refusal: If an individual is suspicious of the subjectivity involved in FSTs and chooses not to participate, it’s important to understand the potential consequences. In Florida, while you have the right to refuse field sobriety tests, doing so could arouse further suspicion and lead the officer to seek additional testing methods, such as breath, blood, or urine tests.
• Connection to Breath Tests: A refusal to perform FSTs may prompt law enforcement to request a breath test, commonly using a Breathalyzer. Under Florida’s implied consent law, drivers are deemed to have given their consent to such tests by virtue of operating a vehicle within the state. Refusing this subsequent test can lead to immediate license suspension and potential further penalties.

Given the complexities surrounding field sobriety tests and their direct link to potential breath tests, individuals facing DUI scrutiny should be aware of their rights and possible defenses. If you’ve been subjected to FSTs and subsequently arrested or if you refused a breath test in Sarasota, consulting with a “Sarasota refusal submit breath test lawyer” can provide invaluable guidance on the best course of action.

Consequences of a DUI Conviction in Sarasota

Driving under the influence (DUI) is a grave offense in Sarasota, with consequences that can profoundly impact your life. While the immediate aftermath of a DUI arrest can be overwhelming, it’s the potential long-term effects of a conviction that one should be most wary of:

• Legal Penalties: A first-time DUI conviction can result in fines ranging from $500 to $1,000, jail time of up to six months, probation, mandatory community service, and vehicle impoundment. For repeat offenders or cases with elevated blood alcohol content (BAC) levels, these penalties become more severe.
• License Suspension: A DUI conviction often leads to the suspension of your driver’s license. Even first-time offenders can face a suspension ranging from 180 days to one year.
• Increased Insurance Rates: After a DUI conviction, you may be classified as a “high-risk driver” by insurance companies, which can lead to significantly increased insurance premiums or even policy cancellations.
• Employment Consequences: A DUI conviction can hinder your employment prospects. Many employers conduct background checks, and a DUI on your record might make you less appealing. Additionally, jobs that require driving might become inaccessible.
• Mandatory DUI School and Treatment: If convicted, you may be required to attend a DUI school or undergo substance abuse treatment, both of which you’ll likely have to pay for out of pocket.
• Permanent Criminal Record: A DUI conviction means you’ll have a permanent criminal record, which can affect various aspects of your life, from housing applications to travel opportunities.
• Social and Personal Repercussions: Beyond the tangible legal and financial consequences, a DUI conviction can strain personal relationships and harm your reputation within the community.

Given the gravity of these consequences, it’s crucial to act swiftly and secure experienced legal representation if you’re facing DUI charges in Sarasota. A strong defense can make the difference between a conviction and a favorable outcome.

Why You Should Choose The Law Place

Navigating the intricate maze of the legal system can be daunting, especially when you’re facing severe charges or navigating complex legal scenarios. It’s during these pivotal moments that having the right representation can make all the difference. So, why should you entrust your case to The Law Place?

• 75 Years of Combined Experience: Experience isn’t just about the duration; it’s about the depth and breadth of understanding that comes with it. At The Law Place, we proudly bring forth an astounding 75 years of combined legal experience. This means we’ve seen a myriad of cases, faced numerous challenges, and have honed our skills to offer you top-tier legal assistance.
• Team Approach: While many law firms operate with a siloed approach, we believe in the power of collaboration. Our team approach ensures that every case benefits from the collective knowledge of our seasoned attorneys. This collaborative strategy often leads to innovative solutions, ensuring the best possible outcomes for our clients.
• Dedicated Attorney for Your Case: While we value our team approach, we also understand the importance of personal touch. That’s why, when you choose The Law Place, you’re not just getting a lawyer; you’re getting a dedicated attorney who will be with you every step of the way, ensuring that you always have a familiar face to turn to and a consistent advocate in your corner.
• Top Avvo Ratings: Many of our attorneys boast a stellar Avvo rating of 10.0 – the highest possible score. This reflects our unwavering commitment to excellence, our clients’ satisfaction, and our impeccable reputation in the legal community.
• Former Prosecutor Insight: Having a diverse team means we bring a variety of perspectives to the table. This includes the invaluable insight of a former prosecutor. Such experience equips us with a unique understanding of both sides of the courtroom, allowing us to anticipate potential challenges and devise strategies that many other law firms might overlook.

Choosing the right legal representation is one of the most crucial decisions you’ll make. With The Law Place, you’re not just choosing a firm; you’re selecting a dedicated partner committed to guarding your rights, your reputation, and your future. With our vast experience, collaborative approach, and unwavering commitment to excellence, we stand poised to guide you through your legal journey with precision, empathy, and unparalleled dedication.

Sarasota refusal submit breath test lawyer, FAQ

What happens if I refuse to take a breath test during a DUI case in Sarasota County?

Refusing a breath test during a DUI case in Sarasota County can result in an automatic license suspension. While refusing might seem like a way to avoid evidence against you, the refusal itself can be used as evidence of your impairment in court.

Can an experienced DUI defense attorney help if I’ve refused the test?

Absolutely. An experienced DUI defense attorney can challenge the legality of the stop, the arrest, and even the refusal. They can also negotiate on your behalf and present alternative evidence that might work in your favor.

Are there any additional penalties for refusing the breath test during a DUI offense in Sarasota?

Yes. Aside from the immediate license suspension, refusal can add an additional misdemeanor charge if it’s your second or subsequent refusal or if the current DUI offense involved an accident involving property damage or physical injury.

Is refusing the breath test the same as admitting guilt to drunk driving?

No, refusing the breath test is not an admission of guilt. However, as mentioned, the refusal can be used as evidence against you, suggesting you believed you were impaired and thus didn’t take the test.

How can a Sarasota DUI lawyer help me if I’ve refused the test?

A Sarasota DUI lawyer can provide a thorough examination of your case, potentially finding flaws or mistakes made by law enforcement. They can also advise on the best course of action, represent you in court, and guide you through the legal complexities surrounding DUI cases and breath test refusals.

If I didn’t cause any accident or injury, is refusing the test still a big deal?

While causing an accident or injury can intensify the consequences of a DUI, refusing the breath test is still a significant matter even if no accident occurred. It’s essential to consult with a lawyer to understand the potential repercussions and your best defense strategies.

Can I appeal the suspension of my license for refusing the test in Sarasota County?

Yes, you have a limited window (typically 10 days) to request a formal review hearing to contest the suspension. A Sarasota DUI lawyer can help you navigate this process, present evidence, and advocate on your behalf during the hearing.

Speak to an Experienced Sarasota DUI Attorney Today

As you can see, there are many things to consider if you have been charged with DUI, and having an experienced Florida DUI attorney from The Law Place can help you make the right decisions for your future. A DUI conviction can have very serious, far-reaching consequences and should be avoided if at all possible.

A conviction could hamper your ability to obtain employment in the future, rent a home, obtain a government-based student loan to return to college, obtain a professional license or own a firearm. Your auto insurance rates will almost certainly go up for a significant length of time and you will spend substantial amounts of money on fines and fees.  Don’t take your future and your freedom for granted—get the best defense possible by contacting The Law Place at 941-444-4444.