Daytona Beach, Florida
DUI or DWI/OWI as it is
known in some states refers to the crime of driving a motor vehicle while under
the influence of drugs or alcohol. To determine if suspects are intoxicated and
also for evidential purposes, arresting officers subject them to sobriety tests
such as the breathalyzer test, field sobriety tests, and blood and urine tests.
Thanks to the Fourth
Amendment of the Constitution, as American citizens we all have the right to be
protected against unlawful searches and seizures and you do or should not need
a Daytona Beach, FL DUI lawyer
to know this. Our bodies are our own property much like our houses and cars.
Therefore, to be able to search our bodies, law enforcement officers either
require our consent\permission or a judge issued search warrant.
We basically have the
right to refuse chemical sobriety tests when officers try to subject them upon
us. However, there may be some consequences for doing so depending on the state
in which the incident occurred. This is where a Florida DUI attorney steps into
the picture.
The implied consent law
Many states such as
Florida have what is known as the implied consent law. This is basically a way
in which the legislators and law enforcement battle chemical test refusals. In
such states, when a person applies for a driver’s license or permit, they may
only be issued the license upon signing a form in which they basically give
consent or permission to the state to search them or subject them to sobriety
testing if and when suspicion arises.
In such states, if you
refuse to take a breathalyzer test or a field sobriety test then your license
will automatically be revoked immediately upon refusal.
Is it worth it to refuse my chemical test?
To answer this question
specifically is not really plausible as it mostly depends on which state you
are a resident of and which state the arrest occurred in. However, as per
Daytona Beach, Florida DUI lawyers, for the most part, refusing a chemical test
will bear no fruit.
According to
statistics, over 82% of people that do NOT refuse a chemical test are convicted
of DUI or of a lesser crime such as a wet reckless. On the other hand, 86% of
people that actually refused their chemical test were convicted of some form of
a DUI.
Furthermore, it is
estimated that refusal of a chemical test will entail a longer trial (due to
limited evidence) which will pile up court fees and attorney fees. The average
cost throughout the country for refusing a chemical test is approximately $6,000.
Saying yes to a
chemical test and testing positive for DUI does not mean the end of the world.
Despite the prosecution having this evidence, there are still numerous ways in
which you can defend yourself and potentially even beat your DUI case. If you
or someone you know have been charged of driving under the influence, you need
to contact and speak with a Florida DUI lawyer right away. There is no rest of
the weary.
The Internet does not
rest either. http://dui-lawyers.usattorneys.com/florida/
- this site does not sleep and does not take break. You can use it any time you
want and if you are in this situation, there is no better time than right now.
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