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After an arrest for DUI in Florida, the arresting officer will ask the driver to submit to a chemical test of the driver's breath, blood or urine. The officer has no way to force the driver to submit. In many cases, the driver simply "refuses" to take the chemical test. If the arresting officer used video and audio equipment to tape the initial driving pattern and investigation, that evidence will become critical to your defense.
Because proving a driving under the influence charge is often more difficult without any proof of the alcohol concentration of the driver's breath or blood, or any proof that the driver had any controlled substance in his system, the Florida legislature has provided for certain consequences after a refusal to submit to chemical testing including a longer period for the administrative suspension. Additionally, the prosecutor is often permitted to argue at trial that the fact that the driver refused to submit to testing on the breath test machine (called the Intoxilyzer 8000 breathalyzer) is evidence of the driver's "consciousness of guilty."
If you have been arrested for DUI involving a refusal to submit to chemical testing of your breath, blood or urine, contact an experienced Gainesville DUI Attorney for Alachua County and the surrounding counties of central Florida including Columbia County, Union County, Baker County, Marion County, Levy County, Gilchrist County, and Bradford County.
After your DUI arrest, you only have 10 days to request a formal review hearing to contest the administrative suspension of your driver's license. If you retain our attorneys to represent you, we will help you obtain a 42-day permit so that you can continue driving while we fight the administrative suspension.
If you do nothing, then after the 10-day permit expires, you will serve out the one-year revocation with a 90-day hard suspension (which means that during those first 90 days you cannot drive for any reason). After the 90 days hard suspension you can apply for a hardship license that will permit you to drive for "employment purposes only" or "business purposes only." There is no downside to fighting to invalidate the administrative suspension. In fact, even if you are unsuccessful, the evidence gained during that hearing can be used to fight the criminal accusation pending against you.
If your driver's license has previously been administratively suspended for refusing to submit to a breath test, and you are again charged with refusing to submit, you are looking at an 18-month suspension with an 18-month hard suspension. In other words, if you are unsuccessful in invalidating the suspension, you will serve out the rest of the 18 month period with no ability to drive in the State of Florida for any reason.
In a DUI case involving a second refusal, it is particularly important to seek out an attorney who can aggressively fight the administrative suspension. By obtaining the 42-day permit you are able to continue driving during that period until your hearing takes place. If your attorney is successful in invalidating your suspension, then you can get your driver's license back while you fight the pending criminal charges.
Call the attorneys at the Galigani Law Firm to discuss your DUI refusal case. We can talk with you about the particular facts of your case including whether the arresting officer asked you to take a urine or blood test or blow into the Intoxilyzer 8000 (Florida's breathalyzer machine). Call us at (352) 375-0812 if your case involved property damage or personal injury after a car crash or a stop that occurred after you entered a DUI checkpoint or roadblock.
We are here to answer your questions as you search for the best DUI attorney for your particular case. We represent individuals charged with driving under the influence in Gainesville, Ocala, Macclenny, Trenton, Lake City, Starke, Bronson, Titusville and surrounding areas.
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"Dean Galigani was supportive when my son was arrested for underage possession of alcohol..." - David