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Florida DUI Defense Counsel

You are out for a drive and you see blue lights go off behind you. Panic is probably setting in right about now. Being pulled over by law enforcement can immediately induce high levels of anxiety, even when you are confident that you are not doing anything wrong. Everyone out there on the roads should know their legal rights and the potential consequences for not complying with a request made by a police officer. That way, if and when you are ever pulled over, you will have some guidance as to what the law requires and expects of you. For instance, if you are pulled over on suspicion of DUI and asked to take a Breathalyzer test, you will most likely be wondering if you should comply with this request. If you, for whatever reason, are not comfortable taking a Breathalyzer test, you need to know the consequences for such a refusal. At Herman Law, we can answer these important questions for you. Providing experienced DUI defense counsel you can count on is what we do and what our clients entrust us to do.

Should You Take a Breathalyzer Test?

Like other states, Florida has an implied consent law. This means that, if you are lawfully arrested in the State by a law enforcement officer who had reasonable probable cause, you are legally obligated to submit to a chemical test to determine your blood alcohol content (BAC). A chemical test can be a breath, blood, or urine test.

If you refuse to submit to a chemical test, there will be legal penalties applied. In fact, refusing to take a Breathalyzer test may result in suspension of your driving privileges. The police officer is required to tell you at the time of your refusal to submit to the Breathalyzer test that, if you have previously had your license suspended due to a refusal to take a breath test, your refusal will result in misdemeanor charges as well as your license being suspended for a second time. The first suspension will be for one year. The second or third suspension will last for 18 months. Additionally, for the second or third refusal to take a breath test, there could be additional penalties such as jail time.

1st Time DUI Offender Program

Several counties in Florida offer a diversion program to many citizens charged with a DUI.  The program is an option for first time DUI offenders who blow below a .15 BAC. If you are eligible for the DUI diversion program, the State will Nolle Prosse (drop) the DUI charge and you would enter a plea of guilty to Reckless Driving, a second degree misdemeanor.   A charge of Reckless Driving is a lesser charge then a DUI. Further, a Reckless Driving charge gives you the possibility of removing the arrest from your permanent criminal record. While in the DUI diversion program, you must complete the requisite community service hours and attend DUI school along with the other Diversion Program requirements.

DUI Defense Counsel You Can Count On.

West Palm Beach DUI defense legal counsel at Herman Law is something you can trust. Serving the best interests of our clients is what we do. We are here to inform you of your rights and see to it that those rights are enforced. Let us fight for you. Contact Herman Law, P.A. today.