Florida Supreme Court to Hear Arguments Over DUI Breath Tests

FORT LAUDERDALE, Florida. Recently, the Supreme Court ruled that blood or urine DUI tests require police to get a warrant before they can be legally performed. The Supreme Court justices ruled that individuals are protected by the Fourth Amendment of the Constitution from unreasonable search and seizure. According to USA Today, several of the justices expressed doubts about whether individuals should face criminal charges for refusing a breath test without a warrant.

As it stands, the Supreme Court upheld the right of states to require individuals to submit to breath tests without a warrant. The court found that these tests were less intrusive than urine or blood tests. Yet, the justices expressed some concern about the use of breath tests without a warrant. In the wake of the ruling, many states are revisiting their DUI laws. Among them is Florida.

In September, the Florida Supreme Court will hear arguments that claim that Florida’s DUI laws are unconstitutional. Currently, individuals who refuse to submit to a breath test can be prosecuted if they are suspected of drinking and driving. Some Florida DUI lawyers claim that these implied consent laws violate individuals’ constitutional rights protected by the Fourth Amendment.

The reality is that if you are arrested in Florida for drunk driving, you are legally required to submit to a breath test. Refusal can result in charges and license suspension. If you are facing DUI charges in Fort Lauderdale, Florida, a criminal defense lawyer may be able to assist you. There are many ways that individuals can defend themselves when facing criminal charges. For instance, officers must have probable cause to stop you and the circumstances of your arrest must be legal. Leader & Leader, P.A. are DUI lawyers in Fort Lauderdale who may be able to help.

Florida is currently among 13 states where it is a crime to refuse to submit to DUI testing if you’ve been suspected of drunk driving. Already, officers’ right to require drivers to submit to blood and urine testing has been limited by the Supreme Court. The justices found that it wouldn’t be a burden for officers to get a warrant to require individuals to submit to a blood test. Will Florida’s Supreme Court strike down the state’s implied consent laws regarding breath tests? Only time will tell.

Until then, individuals charged with a DUI should stay informed about their rights. A qualified DUI lawyer in Fort Lauderdale, Florida can review your case and offer you a roadmap forward. For instance, not every person who refuses to submit to a breath test is charged for refusing. In cases where individuals are charged for refusing to submit to testing, the law allows individuals to fight charges against them in court.

A DUI conviction can have serious implications for your driving record, your insurance, and for your reputation. You may be required to use an ignition interlock device, lose your license, and even may face jail time. If you’re facing DUI charges, visit http://criminallawleader.com to learn more about your options.