Archive for the ‘Florida’s Implied Consent Law’ Category

The Truth Behind Implied Florida’s Implied Consent Law

Wednesday, August 3rd, 2011

Many people who not only receive charges for driving while under the influence of alcohol or drugs, or in driving in general do not understand the full spectrum of what you constitute when you are behind the wheel of a motor vehicle. In Florida, law enforcement entities are able to investigate and administer blood, breath, or urine tests to gain physical evidence to prove to the prosecution and court of law whether or not you were truly driving while under the influence. This power of the law is known as Implied Consent. When one receives or registers for a driver’s license within Florida, as well as most of the United States, you automatically become susceptible to having to participate within any tests that are the result of being stopped and with the law enforcements strong belief that you are participating in illegal acts such as drinking and driving.

Although you may be tested using either a breath, urine, blood, sobriety field test, or possibly more evidentiary breath exams, it does not mean that you will not be tested in more than one way. Law enforcement entities are not required by law to inform the individual who is allegedly behind the wheel that the tests and investigation that they administer are all completely voluntary. However, keep in mind that if one refuses to participate in such examinations, some pretty intense consequences will be an immediate result of that action. Actually, it is considered a misdemeanor crime if a person does not participate in the exams and will inevitably result in the suspension of the individual’s driver’s license for either a period of six months, or up to eighteen months if it is not the individual’s initial refusal of such tests

Also, some individuals feel that the Miranda Rights should apply to Implied Consent. However, the court of law does not hold the Miranda Rights responsible for the individual of what they should know even before attaining a license. In other words, just because the Miranda Laws are usually required, they are not for driving while under the influence case, which means many should expect to be required to take exams even if a police officer does not state as to why he is conducting the tests. Implied consent, however, only applies if the individual has been arrested as an incident of the stop, and it must have a valid reason as to why the individual was stopped in the first place.

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Hiring a Florida DUI law firm to aggressively defend you can help you obtain the best possible result in your case.  Call our toll-free, Florida DUI Advice Helpline at 1 (800) 687-2252 for a Florida DUI law firm near you (by appointment only).