Florida readers and visitors to our blog from other states who might be looking for a quick and definitive answer to the headline question posed above will likely be disappointed by the answer.
Repeated breath test refusal: A criminal offense in Florida
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.
Law enforcement may rely on aggressive tactics in DUI cases
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.
Measuring the scope of Florida's implied consent law
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.
Challenging blood evidence after a DUI arrest in Florida
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.
Florida man found asleep at the wheel is charged with DUI
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.
At what point is a person really too drunk to drive safely?
The blood-alcohol content limit for all drivers over the age of 21 is .08 percent in Florida. This generally means that if a breath or blood alcohol test shows that a driver's BAC is .07 or below, he or she should not be charged with driving under the influence.
Stops in Florida don't result in high numbers of DUI arrests
With the rise in policing of DUIs and drunk driving, it's important to know your rights. For instance, did you know that police have to follow specific rules and regulations in order to submit your blood alcohol test results to the courts? You may want to think about your options if you've been charged, and take note of the increase in patrols around Flagler County, Florida.
Justin Bieber faces serious DUI charges after Miami Beach arrest
Justin Bieber has been in the news in South Florida - and throughout the country - for all the wrong reasons this week. The 19-year-old was arrested in Miami Beach early Thursday for allegedly driving under the influence of drugs and alcohol. He is now facing charges for DUI, driving with a suspended license and resisting arrest.
Longwood city commissioner is suspended following DUI charge
Drunk driving charges result in many consequences in Florida. Not only is there the potential to lose one's driver's license and face fines, probation and even jail time, but DUI convictions can also severely limit educational and career opportunities down the line.
