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How can the State use my refusal against me in my Tampa DUI?

Many Tampa DUI attorneys are asked by their clients about the actual effects of their refusal in their Tampa DUI case. As we have discussed elsewhere on our Tampa DUI attorney blog, a “refusal” occurs when someone is given the chance to take a breath test and they refuse to do so. Aside from the suspension of one’s driver’s license, the refusal, itself, also has evidentiary value during the trial because of Florida law.

Current Florida law permits an Assistant State Attorney to argue that the refusal is indicative of someone being unwilling to provide an actual breath test result because they knew it was going to be above the legal limit. Countless Assistant State Attorneys have used comparisons to someone not weighing themselves immediately after eating a large meal and/or that they were willing to surrender their license for a year being indicative of how drunk they obviously were.
While such arguments would normally be inadmissible, Florida law specifically permits the inclusion of this evidence and the arguments associated with it. Our Tampa criminal defense attorneys are especially experiences regarding the handling of these matters and effectively responding to these arguments. Additionally, our experience permits us to file appropriate motions to limit the extent of these arguments to specifically those permitted by law to minimize the effects of same.

If you or someone you know have questions concerning your Tampa DUI, contact the Tampa DUI attorneys of Blumenuaer Hackworth for a free case consultation. We have handled thousands of criminal matters throughout the Tampa Bay area and will work directly with you to develop a personalized strategy to effectively defend your case. If you would like to contact one of our Tampa DUI attorneys immediately, 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 look forward to working with you through your driving under the influence charge.