Miami DUI Attorney

REFUSAL TO SUBMIT

• As of July 1, 2002 the words "Right to Refuse" have been stricken from F.S. 316.1932.

• " As of July 1, 2002 the following words have been added to Florida's Implied Consent Law:

  "..shall also be told that if he/she refuses to submit to a lawful test of his/her breath and/or urine, and his/her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his/her breath, urine, or blood, he/she commits a misdemeanor in addition to any other penalties."

• F.S. Section 316.1939 was created to outline the necessary elements associated with the new criminal offense of misdemeanor refusal. (Misdemeanor of the first degree) A.) Refusal to submit to breath, blood, or urine; B.) Prior refusal; C.) Arresting officer has probable cause to believe the Defendant is DUI; D.) Defendant was placed under arrest for DUI; E.) The Defendant was read implied consent; F.) The Defendant was told that his refusal constituted a misdemeanor offense. Note: The statute also provides that the results of any DHSMV administrative proceeding to do not effect the criminal case and visa versa. (Effective 7/1/02)

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Miami DUI Attorney