Beat The Refusal

While most DUI Lawyers agree that refusing the breath test is usually the right decision, it does have a downside. The refusal causes a one-year suspension of your driver's license instead of six months, and it can be more difficult and take longer to get a hardship or business purposes license as a result. However, there are ways to "set aside" the refusal suspension. A refusal must be fought on two fronts. The first is at the Department of Motor Vehicles Formal Review. A DUI Attorney will subpoena the arresting officer to the hearing, along with the video and police reports. He will cross examine the officer and bring these issues to light in an effort to beat the refusal. Second, the DUI lawyer will file motions in court regarding the refusal in an effort to have the Judge "suppress" the refusal. This is often the first step in beating the DUI charge.

IMPLIED CONSENT

When you obtain a Florida Driver's License you agree to take any sobriety test required by law. However, the refusal to take these sobriety tests can only be held against you if the Officer reads the IMPLIED CONSENT law to you first. This is a statement, usually read to you by the Officer at the Breath Testing Center. If the Officer fails to read it, or reads it improperly, the refusal of the breath test will be set aside. The reading of implied consent is videotaped in many Florida counties. A DUI lawyer can get a copy of your video to see if this defense applies to your case.

MISINFORMATION

Officers may have learned DUI law or know how to look it up but few of them are experts. The best defense to the refusal is to ask questions about DUI law. If the Officer misinforms you as to the law regarding refusals then the refusal can be suppressed. A DUI Attorney can use the video and other evidence to file motions in court and the DMV to fight the refusal.

INVOLUNTARY REFUSAL

Blowing into the breath test machine requires more effort than one might expect. People with low lung capacity, asthma or other health issues will be unable to render a full breath sample. The same can be true for urine tests when someone simply doesn't have to go. Law enforcement officers will mark this down as a refusal. The Court will hear the facts of the refusal and determine whether or not to suppress the refusal based on its involuntariness. A DUI lawyer can file motions in court and the DMV regarding these issues.