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DUI » DUI Testing » Blood Alcohol Testing » Blood Test Refusal

Refusing a Blood Alcohol Test in Tampa, FL

All U.S. states have an implied consent law. What this means is that when someone applies for a driver's license, they are implying that they give consent to have a breath or blood test administered in the event that they are pulled over under suspicion of drunk driving. A breathalyzer test is typically what is administered at the scene of a DUI arrest. The person may then be placed under arrest and taken to a jail where a blood test may be administered in order to gain additional information on blood alcohol content. Additional testing is sometimes done to reinforce findings at the scene of an arrest or to make a more accurate assumption of blood alcohol level.

Implied Consent in Florida (§316.1932)

Under the Florida Statutes, there is a certain responsibility assumed by all drivers in the Sunshine State to submit to tests for alcohol and controlled substances. According to §316.1932(a) of F.S., should a subject refuse to submit to an alcohol test, they will find themselves facing criminal penalties– including the possibility of license suspension. If there have been prior refusals, it could be considered a misdemeanor. This is also inadmissible into evidence during the criminal case.

If you refuse a blood test then you will likely face an automatic driver's license suspension. You may be able to get this suspension dropped at your DMV hearing with the help of a skilled attorney who is familiar with DUI cases. If you were not made aware of your rights at the scene of your arrest then you may be able to get these charges dropped completely. In order to find out how exactly you can be helped, you need to get in touch with a Tampa DUI attorney from our firm. We will evaluate your case and determine the line of defense that can best help you.

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