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Can I Refuse to Perform a Sobriety Test in Florida?

When you’re suspected of drunk driving, the police officer responsible for pulling you over will likely ask you to complete a few sobriety tests. These tests can help them determine whether you’re over the legal limit and whether you could be driving under the influence.

When this happens, you might think the best option is to avoid it. However, you’re also thinking, “Can I refuse to perform a sobriety test in Florida?” While you may be able to refuse, it can come with serious consequences.

Fortunately, a lawyer from Hersem Law can help you with those consequences. Whether you’ve already refuse to take a sobriety test, or whether you’re unsure what to do when pulled over, we can help you make the right decisions.

Florida’s Implied Consent Law

When Florida drivers receive their license and begin driving, they’re then subject to certain laws, like the implied consent law. This law states that if you’re legally allowed to drive, you consent to also take a breath, blood, or urine test to measure your sobriety.

As such, you accept that you must take these tests when you accept your driver’s license. However, that doesn’t mean you’re unable to refuse to take a sobriety test. You may tell the police officer “no,” but what does that mean for your future?

Refusal May Mean a License Suspension

Unfortunately, a refusal can come with serious consequences. If you refuse to take the sobriety test in Florida, your license could be suspended for up to one year, and that’s for your first offense. If you’ve refused to take a sobriety test in the past, you could lose your license for up to eighteen months.

Unfortunately, that makes your daily life much more difficult. You’ll no longer have the private transportation you might rely on regularly. Instead, you’ll be stuck relying on public transportation or the generosity of family or friends.

As such, refusing to take a sobriety test could land you in worse trouble, even if you’re concerned about the effects of the results. Because the consequences to a refusal can be serious, it’s best to speak to a Florida lawyer about your refusal and/or arrest as soon as possible.

Protect Your License with an Attorney’s Help

When you’re pulled over on suspicion of drunk driving, it can be tough to determine the best course of action for your case. That’s especially true if you refuse to perform a sobriety test in Florida.

Fortunately, a lawyer from Hersem Law can help you fight back. If you’re unsure what to do when pulled over, or if you have questions after refusing to take a sobriety test, reach out for help from our DUI attorneys.

Take advantage of our free strategy sessions by calling 813-251-7291 or by filling out the online form below.

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