Brand

FREE CONSULTATION Phone Answered 24/7

~|mobile~|font-awesome~|solid
407-246-0066

HABLAMOS ESPAÑOL
МЫ ГОВОРИМ ПО-РУССКИ

Brand
~|mobile~|font-awesome~|solid
Our office remains open, and in response to COVID-19 we have expanded our options for remote consultations and virtual meetings. Please contact our office to discuss what meeting option best fits your situation. Call 407-246-0066.

Blog

  1. Home
  2.  » 
  3. DUI
  4.  » Do Mandatory DUI Tests Violate Your Rights?

Do Mandatory DUI Tests Violate Your Rights?

Seventy minutes may have significant implications for drunk driving cases throughout Florida. In that span of time, the Supreme Court heard arguments about challenges to DUI laws involving the requirement of drivers submitting to alcohol testing without a warrant and before an arrest.

Drivers in Florida refusing a breath, blood or urine test the first time will have their driver’s license suspended for one year. A subsequent refusal will result in license suspension for 18 months and could lead to misdemeanor criminal charges.

Seventy minutes may have significant implications for drunk driving cases throughout Florida. In that span of time, the Supreme Court heard arguments about challenges to DUI laws involving the requirement of drivers submitting to alcohol testing without a warrant and before an arrest.

Drivers in Florida refusing a breath, blood or urine test the first time will have their driver’s license suspended for one year. A subsequent refusal will result in license suspension for 18 months and could lead to misdemeanor criminal charges.

Florida law enforcement must conduct breath tests using a certified machine located at a police station or sheriff’s office. While inadmissible in court, portable breathalyzers in the field can be used to compel law enforcement to take suspects into custody. Refusing the field breath test is not a crime.

Proponents of the law claim that warrants are not only unnecessary, but also impractical. Alcohol levels change while police contact a judge to secure a warrant. Important evidence could be lost. They also allege that refusals incriminate suspects.

Opposing legal counsel representing clients convicted of drunk driving cite the Fourth Amendment of the Constitution that protects against illegal searches.

The April 20 discussions and questions asked by the Supreme Court Justices seemed to equate breathalyzer testing and with searches. They also questioned the difficulty in getting a warrant quickly.

They gave no indication when they will make their decision.

Laws continually change, requiring a knowledgeable criminal defense attorney following an arrest for drunk driving.

Sources:

http://www.news-journalonline.com/article/20151227/NEWS/151229651?tc=ar

http://weartv.com/news/local/drunk-driving-law-being-challenge

Categories

Archives

FindLaw Network