Wednesday, December 9, 2015

What's likely to happen and how much will it cost you for refusing a DUI chemical test?

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.  

You should start fighting your DUI before the ink is even dry on your ticket. Do not believe this charge is going to be accidentally deleted or the paperwork will be lost in the mail and you will be free and clear. You need to work this website: https://usattorneys.com/ and find yourself a Daytona Beach DUI lawyer. You may not be completely at fault and just because that police officer was having a bad day does not mean you should take the blunt force of his wrath.  
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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