DUI and Implied Consent in Florida

Posted by Fred Koberlein | Nov 30, 2015 | 0 Comments

Drunk driving is a serious crime, and being charged with a DUI violation can be terrifying because of the consequences, both legal and personal, it carries. Those who are facing such charges can receive fines, loss of driving privileges and jail time in addition to the social stigma that comes along with conviction and charges. It is important before even getting behind the wheel of a car to understand how DUI laws work. Among the most important legal concepts to grasp is that of implied consent.  Here's a look at implied consent and section 316.1932, Florida Statutes, and how it relates to Florida DUI laws.

Sobriety Testing

Implied consent in Florida DUI laws relates to the right of police to test you for blood alcohol content if you are accused of driving under the influence. If you are lawfully arrested and the officer has probable cause to feel that you are not fit to drive due to substance use, they are entitled to test your blood alcohol content, or BAC for drugs or alcohol. You can even be asked to take more than one test.

Simply by getting behind the wheel of a car means that you automatically consent to these tests and you cannot refuse them without further penalties. This is what “implied consent” means: you are implied by operating a vehicle to have already given consent to drug and alcohol testing if arrested on suspicion of driving under the influence.

Types of Testing

There are several types of testing that can be done to determine your fitness to be behind the wheel of a vehicle. The first of these is the field sobriety test, where the officer will put you through the paces of coordination, focus and concentration that can indicate based on your performance, the presence of drugs or alcohol in your system.

Should you fail or refuse the field sobriety test, the officer can require you to take a blood alcohol test. This can take several forms. The first and most common is the breathalyzer test, where you breathe into a device which detects alcohol on your breath. Other tests include blood tests and urine tests.

Refusing the Test

If you refuse the test in Florida, you will automatically lose your license for a year. Future refusals can carry a penalty of license suspension for 18 months as well as potential jail time and fines as a misdemeanor offense. So while you cannot technically be forced to take the test, but you will suffer penalties for the refusal.

It's also important to note that if you are arrested for DUI unjustly and a test is not administered, you have the right to request a test to prove you are not intoxicated.

Legal Representation

Drunk driving is a serious offense that carries serious penalties. If you face charges of drunk driving in Florida, you should never try to defend yourself. There are many pitfalls and mistakes against which only a qualified criminal defense attorney can protect you.

If you face charges related to DUI laws in Florida, don't wait. Take a look at how we can help you and contact our firm for a consultation today.

About the Author

Fred Koberlein

Fred Koberlein is a trial attorney who opened Koberlein Law Offices after acquiring extensive legal experience in three legal practice areas, which are: personal injury law; criminal defense; and local government matters which require you to appear or present your matter before your local government Boards, government Councils, and government Agencies. Mr. Koberlein began trial preparation through an externship as a legal clerk with the Judges of the Third Judicial Circuit for Florida prior to his graduation from the University of Florida, College of Law.  After law school Mr. Koberlein was dedicated to becoming a trial attorney and worked with the Public Defender's Office from 2004 to 2007, where he was promoted to handling felony cases within eight months of hire.  Mr.  Koberlein has handled over 1500 criminal cases ranging from possession of cannabis, DUI, serious felonies, white-collar crimes, violations of probation hearings, and countless motion hearings. Mr.  Koberlein began practicing in the areas of personal injury and insurance defense during 2006.  Mr. Koberlein's experience in prosecuting personal injury claims against those insurance companies he was not representing and defending other insurance companies and their customers provided a unique experience where he was able to learn what each side anticipates from the opposing party.Next, Mr. Koberlein was hired by a City to defend the City's interests and three additional Cities quickly followed and retained Mr. Koberlein to protect their interests.  Currently, Mr. Koberlein represents a total of four (4) municipalities in the North Florida area.  As Mr. Koberlein focused on civil litigation he remained passionate about representing individuals charged with misdemeanor and felony crimes as well as civil litigation issues. Mr.  Koberlein has the experience and reputation to negotiate a favorable resolution in your matter, and if that is not possible, to provide the best, most zealous trial representation available.  Utilizing competent and trusted investigators and experts, your case will be prepared so that the best result will be achieved.  If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. Education and Practice Experience: University of Florida; Gainesville, Florida; Bachelor of Science, 1997 University of South Florida; Tampa, Florida; 1998 University of Florida, College of Law; Gainesville, Florida; 2003 Bar and Court Admissions: Florida Bar, 2004 – Present All 67 Counties in Florida All 20 Circuits in Florida U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida Professional and Civic Activities: Florida Bar Trial Lawyers, 2007 – Present Florida Bar Business Law Section, 2007 – Present Florida Bar Criminal Law Section, 2004 – Present Florida Association of Criminal Defense Lawyers, 2004 – Present Third Judicial Bar Association, 2004 – Present Mr.  Koberlein is committed to his clients and devotes himself to protecting their interests from the beginning to the end of their case.  Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments.  Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis.


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