If you refuse a breath test in Florida, your license will automatically be suspended. Know your rights, and contact a lawyer who will fight to protect them.
Under Florida’s implied consent law, anyone who applies for and accepts a driver’s license in this state consents to taking a breath test when asked to do so by a police officer. You have the legal right to refuse the breath test, but your license will automatically be suspended if you choose to do so. A first refusal typically results in a one-year suspension. If you have refused a breath test on a previous occasion, the suspension increases to 18 months.
There can be a number of good reasons to refuse a breath test. Perhaps the most immediate reason is that you deprive the prosecution of key evidence that it needs to present its case. If you refuse the test, the officer is required to read you the Florida implied consent law. If he or she fails to do so, the refusal is not admissible in your case.
I am Kissimmee breath test refusal defense lawyer Richard Nick Kelley. With more than 30 years of experience practicing criminal law in Florida, I have a complete understanding of the implied consent law and the implications for people who refuse to take a DUI breath test. I have represented countless clients in breath test refusal cases, and I know the strategies that offer the best chance of preserving their driving privileges.
The first step in challenging the suspension of your license is to request a DMV hearing. You only have 10 days from the date of your suspension to request the hearing. If you miss this deadline, you will not have another opportunity to request a hearing later. I will represent you at the hearing and present the most compelling possible case to have the suspension invalidated. Even if your suspension stands, I can make good use of the hearing by gathering key information from the arresting officer about your case.
Contact Richard Nick Kelley, P.A., today for a free attorney consultation about your breath test refusal case. You can reach a member of my firm 24 hours a day, seven days a week. Call my Kissimmee office at 407-847-6259.