Did You Refuse the Breath Test? Contact an Orlando Defense Attorney
With the stress of being pulled over under suspicion of drunk driving comes the uncertainty of whether to cooperate with the request to take a breath test. The breath test is intended to demonstrate the blood alcohol content of someone who is suspected of driving under the influence of alcohol.
Was Your License Suspended?
According to Florida laws, if you take the breath test and blow over .08, your license may be suspended for 6 months to a year. But if you refuse to take the breath test at all, you may lose your license for a year automatically, whether or not you are determined to be guilty of DUI.
You May Rely on Your Vehicle for Work
From a legal point of view, the criminal case of a DUI is the most serious aspect of the case because of the potential of coming out of it with a permanent criminal record. But from a practical point of view for more people who depend on their cars for transportation to work, the administrative procedures involving suspension of driving privileges can seem the harshest of all.
Being unable to drive can be as bad a punishment as being sent to jail for a traveling salesperson, a subcontractor who gets from job site to job site by his own pickup truck, or a police officer who drives for a living.
We Can Represent You at the DMV Hearing
If you refused to take the breath test, a hearing with the DMV, separate from a criminal court appearance, will be the route to requesting the return of driving privileges. Many clients hire The Law Office of Corey I. Cohen, for the sole purpose of asking attorney Cohen's help in persuading the DMV to return their drivers' licenses.
Potential Defenses
Possible defenses that may apply at your DMV administrative hearing after your driver's license was taken from you because of your refusal to take the breath test could be as follows:
- Did the police officer explain the meaning of "implied consent" and read you your rights before asking you to take the breath test?
- How valid would the machine's reading have been if you had taken the breath test? Had it been maintained and calibrated?
- Did the police officer have adequate probable cause to suspect that you were impaired and thus to make the traffic stop in the first place?
"Winning or losing" at the DMV hearing is a separate process from "winning or losing" the DUI criminal case. The critical need for a driver's license may be answered by the issuance of a "hardship license" that will be effective immediately and last the 30-45 days until the time of the DMV hearing.
For this reason alone, it is worth your while, and very important, to have an experienced attorney on your side as soon as possible after a DUI arrest — whether you took the breath test or refused to take the breath test.
Attorney Cohen can help you recover your driving privileges right away. Then he can analyze your case in search of any evidence that may invalidate the suspension of your driver's license. For many clients of The Law Office of Corey I. Cohen, the DMV hearing results in having the arrest thrown out altogether — so they in essence win the criminal case without even going to court.
Free Initial Consultation After Refusal of the Breath Test in a DUI Stop
We offer a free and confidential initial consultation in all criminal cases, including DUI. If you refused the breath test when you were stopped and charged with drunk driving, it is especially important for you to talk to a lawyer as soon as possible.
The Law Office of Corey I. Cohen, is known for offering high-quality legal services for reasonable rates, and flexible payment plans may be possible. We return phone calls promptly and can be available on evenings and weekends if necessary.
E-mail the law offices or call 407-246-0066 to schedule an initial consultation. Se habla español.
