If you are in a crash and the policethink you were drinking but you refuse a blood test, what will happen?

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If you are in a crash and the policethink you were drinking but you refuse a blood test, what will happen?

Asked on August 25, 2011 Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The implied consent warnings in FL require the arresting officer to tell a person who refuses to submit to chemical testing that failing to do so could result in an administrative suspension of their driver license for 6 months for a first offense, and 18 months for a second or subsequent suspension.

However, there is some good news here. The chances may be better that you could avoid a DUI conviction because it is often more difficult for the prosecutor to win a case when no chemical test results can be used at trial. Instead, the prosecutor is forced to prove beyond all "reasonable doubt" that your "normal faculties were impaired."

Since criminal as well as civil charges are involved, you are well advised to consult with a DUI attorney. There are defenses that can be put forth to help you get the charges dismissed, reduced, or to win an acquittal at trial.

Note:  After your DUI arrest you only have 10 days to fight the administrative suspension of your driver's license.


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