DUI Refusal

When it comes to defenses for driving under the influence (DUI), refusal is one of the most common issues. Those drivers who refuse to consent to a blood, urine or breath test are typically subject to administrative sanctions, and they will usually have their licenses suspended for up to a year for a first offense. DUI refusal is a popular choice for drivers suspected of a Tampa DUI because it makes the State’s case much harder to prove. Without the results of an actual test, the State is forced to prove a more subjective standard of loss of faculties and a dismissal on the DUI charge becomes much more likely. There is still a need for a good Tampa DUI lawyer, though, because a refusal can lead to a host of consequences that can be life-altering for defendants.

How Can The Prosecution Use The Refusal?

The prosecutor will often try to use the refusal as a sign that you were aware of your own condition. He will seek to use this as proof of your impaired driving ability. A good Tampa DUI defense firm will be able to fight this and there is an excellent chance you can win a dismissal as a result. Likewise, Tampa DUI attorneys can seek to have the refusal excluded from evidence on a host of different grounds. If you did not offer an express refusal, and instead are being charged with an implied refusal, then you should contact Musca Law right away. Implied refusals bring into play many different defenses and good Tampa DUI attorneys can often have them excluded from the proceedings.

Looking After The Administrative Side

One thing an experienced Tampa DUI attorney will do is take care of you on the administrative side. Drivers in Florida only have 10 days after their arrest to petition for a formal review hearing in which they can fight the suspension of their license. If you do not contest the suspension, the State can suspend your license for up to 12 months, with 3 of those months barring you from driving at all. At a formal review hearing, your Tampa DUI lawyers will seek to set aside your refusal on whatever grounds necessary, arguing that you never actually refused or that you were confused by the dual reading of Miranda rights and refusal notice. Contact Musca Law today to protect your right to drive and avoid further sanctions on both the administrative side and the criminal side of the law.