Criminal defense attorney William R. Moore discusses how changes to Florida law regarding DUI investigations and license suspensions may affect a drivers decision to submit to chemical testing when being investigated for driving under the influence.
A driver’s decision whether or not to submit to the Intoxilyzer when under investigation for DUI in Florida may be different now than it was a few years ago.
Avoid giving prosecutors evidence needed to convict you
Evidence of impairment by alcohol obtained by a certified breast testing instruments such as the Intoxilyzer 8000 is powerful evidence that can be used by prosecutors to convict the defendant. Provided that you have never refused in the past, it may be advisable not to produce a chemical sample in light of the fact that as of 2013, persons arrested for DUI may receive an automatic hardship license by waving their formal review hearing. There is no longer a 90 day “no license” for those who refuse.
Do not refuse a second time
It is never advisable to refuse a second time if suspected of misdemeanor DUI as this is an independent and more severe criminal offense in Florida.