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Southwest Florida

Implied Consent Lawyer

By choosing to engage in the act of driving a car in the State of Florida you have implied your consent to give a breath, blood or urine sample should an officer suspect you of DUI. Florida Statute 316.1932 makes it the law in the State of Florida that you do not have a right to refuse a breath test when you are pulled over by an officer who suspects you of DUI in Fort Myers, Naples, Port Charlotte, Punta Gorda or Cape Coral. In the State of Florida you have many rights including privacy rights and a right against self-incrimination but when you make the decision to drive a car you are giving up those rights through the implied consent law that takes effect each and every time you step into a vehicle to drive.

If you have been asked by a Police Officer in Fort Myers, Naples, Port Charlotte, Punta Gorda or Cape Coral to submit to a breathalyzer test because they suspect you are guilty of DUI and you refuse to submit to the test your license will be suspended for one year. For your second or subsequent refusal your license will be suspended for eighteen months and you may be charged with refusing to submit to a breath test (in additional to the DUI charge) which is a first degree misdemeanor punishable by up to one year in jail.

In order for a Police Officer to utilize the implied consent law and ask you to submit to a test of your breath, blood or urine they must have reason to believe they you: 1) were in physical control of a vehicle and; 2) were intoxicated at the time you were in physical control of said vehicle. The Police Officer further must inform you that if you refuse to submit to the breathalyzer test your license will be suspended for one year.  It is important to be mindful of the fact that if you take a breathalyzer examination and you blow above a .08 that will be objective evidence that the Prosecutor will use against you to obtain conviction. However, if you refuse to take a breathalyzer your refusal to submit to the breathalyzer examination will be used by the Prosecutor against you as consciousness of your guilt in order to obtain a conviction.  Consciousness of guilt refers to behavior that seems to indicate a guilty mind, i.e. running from a Police Officer or refusing to submit to a breathalyzer examination.

If you submitted to the breathalyzer examination and were arrested for DUI, or refused the breathalyzer examination and were arrested for DUI contact Viacava & Cantor at 239-672-8934 today in order to arrange for a free consultation to discuss the specific facts of your case with a Fort Myers based Criminal Defense Attorney.

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