More often than not, this article would be better characterized as “to blow or not to blow – that is the question.” Frankly, Tampa DUI attorneys are asked this question more often than any other question, but unfortunately there isn’t any one simple, perfect answer. If you have checked out our Tampa DUI attorney blog, you have undoubtedly seen our article concerning implied consent and its impact on your Tampa DUI. To quickly recap, Florida’s implied consent law basically states that by taking the “privilege” of driving on Florida’s roads, folks consent to undertake chemical tests to determine impairment by alcohol or drugs, namely breath, blood and urine tests.
As I mentioned above, there is no real perfect answer as to whether someone should blow or not, it truly depends on the unique facts of your case. Unfortunately, it is often too late to discuss your decision since it is after the fact. Although there is absolutely one certainty – if the individual has one prior refusal and they refuse again, they can be charged with a first degree misdemeanor of refusing to submit to testing. As we discussed elsewhere on our blog, this charge has a maximum jail sentence of one (1) year in county jail. Additionally, a second refusal will result in an eighteen (18) month driver’s license suspension, while the first refusal only results in a twelve (12) month suspension from the Florida Department of Highway Safety Motor Vehicles.
If you would like to further discuss the specific facts of your case, contact one of our Tampa DUI attorneys for a free case consultation. We have handled thousands of driving under the influence charges throughout the Tampa Bay area. We have successfully tried many of these cases before juries around the Tampa Bay area. If you would like to contact one of our Tampa DUI attorneys, please use the “contact us now” tab in the upper right hand corner of our website. We appreciate you taking the time to check out our Tampa DUI attorney blog and we look forward to hearing from you.