Why A Tampa DUI Lawyer Should Never Advise His Client To Refuse A Breathalyzer Test Request
To be convicted of a DUI in Florida, the prosecutor must prove beyond a reasonable doubt that the driver was under the influence of alcohol. Thus, under Florida DUI law the burden of proof is on the prosecutor. In order to meet this burden, the prosecutor will aggressively use all of the evidence at his disposal. Therefore, it is important that you hire a diligent Tampa DUI lawyer to advocate for your defense. The prosecutor will be working hard to try and convict the driver; thus, a defendant should have a competent Tampa DUI attorney on his side to argue against the prosecutor's assertions.
Usually, the breathalyzer test will be the most crucial piece of evidence in a Florida DUI trial. However, in many Florida DUI cases the driver will refuse to cooperate with the arresting officer's request to take a breathalyzer test. Thus, there will be no record of a breathalyzer test for the prosecutor to rely on. To combat this, Florida DUI law imposes penalties on drivers who refuse to submit to an officer's request to take a breathalyzer test. If a driver was accused of driving under the influence of alcohol and refused to take a breathalyzer test he should contact a Tampa DUI attorney right away. A Tampa DUI lawyer can advise the driver on Florida DUI law and help defend against any penalties being levied on the driver.
If a driver refuses to cooperate with a breathalyzer test the court may suspend the driver's license for up to one year. If the driver has prior breathalyzer test refusals the court may suspend the driver's license for up to 18 months. In addition, the refusal to submit to the breathalyzer test may be admissible as evidence of guilt in the driver's DUI trial. Therefore, it is important to seek the counsel of an experienced Tampa DUI lawyer if you refused to submit to a breathalyzer test.
In some cases, Florida DUI law allows the arresting officer to conduct a blood test on the driver, to determine if the driver's blood alcohol level is above the legal limit. For instance, if the suspected drunk driver was involved in an accident, which caused serious bodily injury, the arresting officer will be permitted under Florida DUI law to conduct a blood test with the use of force, if deemed necessary by the arresting officer. Furthermore, if the driver is unconscious Florida DUI law presumes that the driver has given consent to the blood test.
If you are being accused of a DUI you should contact a Tampa DUI lawyer. Regardless of the evidence available to the prosecutor, the Tampa DUI attorney should be able to develop a legal strategy, which may be able to mitigate the effects of your arrest.
Usually, the breathalyzer test will be the most crucial piece of evidence in a Florida DUI trial. However, in many Florida DUI cases the driver will refuse to cooperate with the arresting officer's request to take a breathalyzer test. Thus, there will be no record of a breathalyzer test for the prosecutor to rely on. To combat this, Florida DUI law imposes penalties on drivers who refuse to submit to an officer's request to take a breathalyzer test. If a driver was accused of driving under the influence of alcohol and refused to take a breathalyzer test he should contact a Tampa DUI attorney right away. A Tampa DUI lawyer can advise the driver on Florida DUI law and help defend against any penalties being levied on the driver.
If a driver refuses to cooperate with a breathalyzer test the court may suspend the driver's license for up to one year. If the driver has prior breathalyzer test refusals the court may suspend the driver's license for up to 18 months. In addition, the refusal to submit to the breathalyzer test may be admissible as evidence of guilt in the driver's DUI trial. Therefore, it is important to seek the counsel of an experienced Tampa DUI lawyer if you refused to submit to a breathalyzer test.
In some cases, Florida DUI law allows the arresting officer to conduct a blood test on the driver, to determine if the driver's blood alcohol level is above the legal limit. For instance, if the suspected drunk driver was involved in an accident, which caused serious bodily injury, the arresting officer will be permitted under Florida DUI law to conduct a blood test with the use of force, if deemed necessary by the arresting officer. Furthermore, if the driver is unconscious Florida DUI law presumes that the driver has given consent to the blood test.
If you are being accused of a DUI you should contact a Tampa DUI lawyer. Regardless of the evidence available to the prosecutor, the Tampa DUI attorney should be able to develop a legal strategy, which may be able to mitigate the effects of your arrest.
