Learning about implied consent laws may come as a surprise to some readers. After all, giving up breath evidence could be viewed as a search. Generally speaking, police cannot conduct searches and seizures without providing a warrant or receiving expressed consent. Still, police have the right to demand drivers to take breath test when they are suspected of drunk driving or face a variety of penalties.
There are a variety of legal protections that could be considered cornerstones of the American legal system. For example, individuals cannot be subjected to unreasonable searches and seizures made by law enforcement officials, according to the Fourth Amendment to the U.S. Constitution. As a result of this, police must have probable cause or obtain a warrant before obtaining evidence from a suspect.
As we have previously discussed on this blog, drivers in Florida consent to take a breath test for intoxication by virtue of operating a vehicle within the state. Motorists have the option to refuse a breath test, but that decision has weighty legal consequences. As such, it may not seem like people really have a choice in the matter -- with knowledge of the consequences for breath test refusal.
Being charged for driving under the influence of alcohol can completely disrupt a person's life. At a moment's notice, a person may suddenly have to worry about the possibility of jail time, thousands of dollars worth of fines, losing the ability to drive and facing professional repercussions.
One of the most important rights afforded to Americans by the constitution is the protection against illegal searches and seizures by law enforcement officers. In many cases, police must obtain a warrant before conducting a search.
Choosing whether to submit to a breath test or not can be a worrying decision. The results are not always accurate and blowing over the state's legal limit, 0.08 in Florida, can land you with DUI charges. However, breath test refusal can earn you automatic license suspension. Whatever your decision, however, the outcome can be challenged in court if it is not in your favor.
If you are suspected of driving under the influence of alcohol, you may be requested to take a breath test. Although this is optional, breath test refusal can lead to the automatic loss of your driving license. However, there are many reasons you might feel unwilling to take a breath test. Such was the case for one man in Florida recently.
Different people react to alcohol in different ways, and the amount required to affect an individual's behavior varies from one person to the next. This can make it difficult to ascertain how much a person's judgment may have been impaired by intoxication. However, limits are enforced by law to discourage people from driving under the influence. In Florida, the legal limit for blood alcohol content is 0.08.
Last week, we discussed whether certain people, such as celebrities and politicians, might receive special treatment when facing DUI charges in Florida. Some Floridians might think that not only are public figures treated as if they are above the law, but so too are law enforcement officers themselves. One Florida police officer reportedly recently tried to use his position to get out of drunk driving charges.
Earlier this week, it was reported that a Hernando County sheriff's deputy who was arrested on drunk driving charges last month won't be prosecuted. The Florida State Attorney's Office said it decided not to proceed with the case due to conflicting witness accounts and a lack of evidence. Many Florida residents may be wondering whether this man received preferential treatment because he is a law enforcement officer.