Implied Consent and DUI in Orlando
Implied consent is a form of consent that is inferred by the circumstances. When a Florida driver signs for his or her driver’s license, they consent to submitting to a chemical test to determine a blood alcohol concentration (BAC) if arrested or suspected for drunk driving. By signing for your license, you are also agreeing to consent to a blood or breath test to gauge your BAC if you are lawfully arrested for DUI. This “implied consent” to chemical testing may mean that you will face certain penalties if you refuse to take a blood or breath test. If you refuse, the refusal may be used as evidence in criminal court proceedings for DUI.
If you have been arrested for DUI and stand accused of refusing a breath or blood test, it is important to contact an experienced Orlando DUI defense lawyer to protect your legal rights and interests. Aggressive, knowledgeable legal counsel will make a difference at your license suspension hearing and in criminal court.
Penalties for Breath & Blood Test Refusal
Penalties for refusing a breath or blood test after a lawful DUI arrest in Orlando include:
- First refusal – driver’s license suspension for 1 year.
- Second or subsequent refusal – driver’s license suspension for 18 months, first degree misdemeanor punishable by up to 1 year in jail and a fine of up to $1,000.
It is important that you have a competent lawyer on your case to challenge allegations that you refused a test if you are facing criminal charges for a second, third or subsequent breath or blood test refusal. Your attorney can use various strategies to challenge an alleged refusal, such as the failure of an arresting officer to inform you of the consequences of refusing a chemical test after your arrest.
Contact an Orlando DUI attorney at our law offices today for a free review of your case.