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What are the conditions of probation for DUI?

What are the conditions of probation for DUI?

DUI charges come with mandatory penalties in Florida, regardless if it’s a first or third offense.

Failure to adhere to probation conditions could result in your arrest, new criminal charges, more fines, and possibly jail time.

It’s important that you understand the terms of your probation, follow those terms, and consult with a skilled attorney as soon as possible following your arrest.

conditions of probation for dui


Probation is mandatory after a DUI conviction

Florida Statute 316.193(5) requires any person convicted of DUI to be placed on probation with monthly reporting to a probation officer.

For all offenders, probation may be ordered in addition to jail time. However, the total combined term of probation and incarceration cannot exceed 1 year for first-time offenders. 

Many probation terms in Florida are essentially the same, no matter your offense. You must refrain from reoffending while on probation, for example. DUI probationers also have other conditions you must follow if you want to stay out of jail.

Common terms for DUI probation in Florida

In addition to mandatory completion of a substance abuse course provided by a licensed DUI program, probation will generally require that you:

  • Report to your probation officer each month, in person and on time
  • Be accessible to your probation officer at work or your home for check-ins
  • Not violate any laws
  • Not consume alcohol or use any drugs
  • Consent to random drug or alcohol screening
  • Stay lawfully employed
  • Pay all probation-related fees
  • If a DUI conviction is a felony, then all firearms must be surrendered
  • Participate in public service or a community work project for at least 50 hours (for first offenders)

Consequences of violating probation

If you are arrested for violating laws, your probation officer will notify the court.

Similarly, if you fail to complete or adhere to all of your probation conditions, your probation officer will inform the court. 

Although the court has the authority to impose the maximum DUI penalties if you violate the terms of probation, the penalties you could face depend on a few things:

  • If your violation was for a new criminal offense
  • If your violation was ”technical”
  • Your prior performance while on probation
  • If the violation was willful

Judges have full discretion in assessing penalties. They may be sympathetic to situations where you have an unintentional technical probation violation, especially if you have a DUI attorney in Orlando, FL on your side to help explain your situation.  

For example, if the judge finds that you unintentionally violated probation and you’ve been compliant otherwise, your probation could be extended (likely with additional considerations).

However, if the judge feels your violation was willful, you’ll likely be sentenced to jail.

Build a strong DUI defense today

David Katz and James Phillips, founding partners of Katz & Phillips, P.A. are two of only four Board Certified DUI Defense Experts practicing in the State of Florida and are the only ones in the Orlando area. Let us put our expertise to work for you – call (321) 332-6864 to schedule a consultation.

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When is clinical evaluation necessary for DUI?

When is clinical evaluation necessary for DUI?

When a driver is charged and convicted of driving under the influence (DUI), it can be a traumatic and life-changing experience for that person.

There are many repercussions, and drivers are often required to undergo a court-ordered clinical evaluation to address drug and alcohol issues.

The attorneys at Katz & Phillips, P.A. are among the few licensed DUI defense attorneys in Orlando, Florida. For more information, please call us at (321) 332-6864.   

clinical evaluation for dui


What’s included in a clinical evaluation for DUI

In the context of a DUI offense, a clinical evaluation allows a licensed clinical substance abuse professional to evaluate a person’s relationship with drugs and alcohol thoroughly.

Specifically, the therapist will conduct a series of tests and questionnaires that help them understand a person’s drug and alcohol consumption. 

Psychosocial assessment

Clinical evaluations almost always include a psychosocial assessment of the offending driver.

Clinicians use these assessments to understand the driver’s health, psychological, and social well-being.

In some cases, DUI results from chronic issues with drug and alcohol dependence or abuse.

Thus, a psychosocial evaluation can help determine whether the driver’s actions were an isolated incident or the behavior is the result of a more significant issue with alcohol or drugs.

Risk assessment

Another test often utilized during a clinical evaluation is the Driver Risk Inventory (DRI). The DRI is a standardized, nationally recognized test to assess a driver’s risk of consuming drugs or alcohol and operating a vehicle after a DUI offense.

The DRI is administered in a 30-minute questionnaire that determines a driver’s abuse of intoxicating substances, risk of driving, truthfulness, and ability to cope with stress.  

When are drivers required to undergo substance abuse evaluation?

Because DUI programs are required under Florida state law, all DUI offenders must attend a substance abuse evaluation. The evaluation primarily focuses on whether the driver exhibits signs of substance abuse to the point of addiction.

Treatment options

Once completed, the evaluation allows clinicians to provide a comprehensive view of the driver’s status with certain substances and recommend treatment.

In some cases, the treatment plan may not include anything more than the attendance of a certified DUI course. 

However, in other cases, treatment recommendations may include long-term treatment for habitual substance use and addiction.

DUI substance abuse evaluations usually recommend a treatment plan for the driver, which can include the following forms of treatment:

  • Regular attendance of Alcoholics Anonymous (AA) meetings
  • Regular individual or group counseling sessions with a licensed therapist
  • Random drug and alcohol testing
  • Impatient treatment at a substance abuse facility

License reinstatement after a clinical evaluation

In some DUI cases, a court may order the revocation of a person’s license. This means that the driver convicted of DUI is no longer allowed to legally operate a motor vehicle for a certain period of time, which can be months to years.

Typically, revocation occurs when a driver is convicted of multiple DUI offenses.

A driver who has had their license revoked after multiple DUI offenses may attempt to have their license reinstated.

Reinstatement occurs when the driver successfully completes a DUI program and undergoes a psychosocial evaluation separate from the program.

If the evaluation determines the driver can safely and legally operate a motor vehicle, then the Florida Highway Safety and Motor Vehicles Department (FHSMVD) can reinstate the license after a specific time period. 

Arrested for DUI? Call us.

With guidance and advocacy from the expert Orlando DUI defense attorneys with Katz & Phillips, P.A., a person undergoing clinical evaluation can ensure their rights are protected under the law. Contact us today for a consultation or call (321) 332-6864.

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Do you go to jail for DUI?

Do you go to jail for DUI?

Whether you will be put in prison for a DUI depends on multiple factors. The most important factor is how many DUI convictions you already have.

After that, however, it also matters how drunk you were, whether you injured anyone, and who else was in your vehicle. There is no mandatory jail for a simple DUI, where no one gets hurt, until your second conviction.

When you are facing charges for driving under the influence, you need the assistance of an expert Orlando DUI defense lawyer. Do not go it alone; contact Katz & Phillips today.

do you go to jail for a dui


Fines and possible jail time for DUI

The punishments for your DUI will increase for each DUI conviction that you receive. 

First conviction

The first time that you are arrested for a DUI, the maximum punishment is a fine of at least $500 but not more than $1,000 and possible imprisonment of up to 6 months.

However, you are very unlikely to be imprisoned for your first DUI.

Like many things, there is an exception. If your blood alcohol content was 0.15 or higher, meaning it was essentially double the legal limit, the minimum fine increases to $1,000, and the possible jail time increases to 9 months instead of 6. You are still unlikely, however, to serve jail time.

Second conviction

The second time that you are convicted of a DUI, you will be subject to a minimum fine of $1,000, and possible imprisonment of up to 9 months. If your second DUI was within 5 years of your first DUI, you will be subject to mandatory imprisonment of a minimum of 10 days.

However, if your blood alcohol content was 0.15 or higher, or if you had a minor in the car with you, the minimum fine increases to $2,000 and possible imprisonment increases to a maximum of one year.

Third conviction

The third time that you are convicted of a DUI, you are subject to a minimum fine of $2,000 and possible jail time of up to a year.

However, if this is your third DUI within 10 years of your second conviction, you will be subject to a minimum of 30 days of jail time.

If your third conviction comes more than 10 years after your last, you will be subject to imprisonment for no more than 12 months.

Fourth conviction

If your fourth conviction is within 10 years of a previous conviction, you can be imprisoned for up to 5 years. 

In fact, the fourth conviction counts as a felony conviction. This can have additional repercussions.

For example, you will be a felon for life, and in the State of Florida, this means that you will most likely not be allowed to vote again.

Contact an Orlando criminal defense attorney

If you are facing a DUI conviction, jail time is possible. We will do everything that we possibly can to ensure that you do not go to jail. Contact Katz & Phillips, P.A. today for a free consultation and case review.

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When does a DUI go off your record?

When does a DUI go off your record?

In the State of Florida, DUI convictions are almost permanent. DUI convictions stay on your record for an incredible seventy-five (75) years.

Even worse, DUI convictions in Florida can never be expunged, meaning that they cannot be taken off your record. Once a DUI gets placed on your driving record, it is there to stay.

That being said, if you’re facing a DUI conviction, the best thing you can do is to try and defeat the charge in the first place. You need the assistance of a highly skilled Orlando criminal defense attorney. Contact Katz & Phillips, P.A. for help today.

when does a dui go off your record


What are the effects of a DUI on your record?

Having a DUI on your record can be harmful to your future prospects in several unexpected ways.

Some people, including employers and licensing agencies, will assume that you are not trustworthy if you have a DUI on your record. A DUI conviction can also make it far more difficult to rent a car.

Difficulty finding employment

After a DUI conviction, you might find it far more difficult to find employment. You could also possibly lose your job.

This is especially true if you are employed in a field that requires special licensing, like in the healthcare or education fields. And it is even more true if you drive vehicles for your job, such as as a truck driver or a delivery driver.

In fact, it can be almost impossible to obtain a job in the transportation industry if you have a DUI conviction on your record. 

Higher car insurance rates

Another problem with having a DUI conviction on your record is that your insurance rates will be much higher.

Insurance companies will view you as a higher risk to them, and will charge you more money to protect their profit margins. Sometimes, rates can increase substantially, and some insurance companies might not want to sell to you at all.

Travel difficulties

Believe it or not, having a DUI conviction can be denied entrance to certain other countries. If you like international travel, having a DUI conviction can throw a major wrench into your plans. 

If you’ve been convicted of DUI and plan on traveling to any of the following countries, you’re probably going to face pushback or flatout denied entry.

  • Australia
  • Canada
  • China
  • Iran
  • Japan
  • Malaysia
  • Mexico
  • New Zealand
  • South Africa
  • United Arab Emirates

How can I avoid these problems?

Once you are convicted of a DUI, there is not much you can do about it. The DUI conviction will, in all likelihood, remain on your driving record for the remainder of your life.

If you are facing a DUI conviction, you need to act before it is too late. The best thing that you can do is to try to defeat the DUI charges in the first place.

Contact an Orlando criminal defense lawyer

DUI convictions can have lifelong and devastating consequences. There are few things worse than being forced to deal with the aftermath of a DUI conviction. Your only option, sometimes, is to attempt to defeat the DUI charges before you are convicted.

To do that, you need the help of a highly skilled and professional Orlando DUI defense attorney. When you are facing DUI charges, contact Katz & Phillips, P.A. as soon as possible to help you fight your case. Call (321) 332-6864 to schedule a consultation.

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Do I have to disclose a DUI to my employer?

Do I have to disclose a DUI to my employer?

The short answer is no. Under Florida law, employees are not required to tell their employer they have been convicted of a Driving under the Influence (DUI) offense.

However, it’s sometimes in the employee’s best interest to disclose a DUI conviction to maintain an honest and transparent employment relationship. Keep reading to learn more about this unique situation.

do I have to disclose a dui to my employer


When should a person consider disclosing a DUI conviction to their employer?

Florida does not legally require at-will employees to disclose criminal convictions.

However, disclosure works both ways because an employer can fire someone for failure to disclose a conviction, so an employee should consider disclosing their conviction in certain circumstances. 

These circumstances include the following:

  • The assigned job duties of the employee’s position (use of heavy machinery, driving non-commercial vehicles, etc.)
  • The employer’s industry 
  • The public perception of how a DUI would impact the employer’s business 
  • The employer’s overall view of a DUI conviction
  • The employee’s relationship with their employer
  • Whether the employer covers substance abuse programming under their benefits plan
  • Whether the employer asks the employee about a DUI conviction

Why you should consider disclosing a conviction to your employer

Employee assistance programs

First, many employers pay out-of-pocket for employee assistance programs (EAP).

EAPs often provide treatment and counseling services for substance abuse. Thus, instead of the employee paying for these services, the employer may already have these services in place for their employees’ benefit. 

Professional relationship

Second, an employer may ask whether an employee has been convicted of a DUI during the application process or during the course of employment.

If the employee refuses to answer or answers dishonestly, the employee may be breaking the employer’s trust, which could adversely affect the employee’s future with the employer. 

Things to consider before telling your employer about a conviction

Before disclosing a DUI conviction to an employer, the employee should consult their employee handbook.

In some cases, especially for large employers, the employee handbook will contain helpful information about various employment-related issues, including disclosure of a criminal conviction. Failure to disclose such information within a reasonable timeframe is often considered a terminable offense.

Can I be fired for a DUI conviction? 

Most positions in Florida are considered at-will employment, which means the employer can terminate someone’s employment for any reason–except for discriminatory reasons.

For example, in some states, an employer making an adverse employment decision (i.e., firing someone or failing to hire an applicant) based on a person’s criminal background history is considered discriminatory.

However, Florida does not consider this a form of discrimination. Thus, a person can be fired from their current position or not be hired based on a job application because of a DUI conviction.   

Can I have my DUI record expunged or sealed?

No. Under Florida law, a person convicted of a DUI cannot have the conviction expunged or sealed from their record.

However, an experienced Florida DUI defense attorney can obtain a lesser charge on behalf of their client, which may be eligible for expungement or sealing. 

Because a DUI conviction cannot be erased from the public record, those convicted should consider disclosing the existence of the offense. 

Contact us today

If you have recently been charged or convicted of a DUI offense, it’s best to consider contacting an experienced DUI defense attorney for representation.

At Katz & Phillips, P.A., one of our licensed and certified expert Orlando DUI defense attorneys is eager to assist any driver with their legal defense. Contact us today by visiting our website, or call us at (321) 332-6864.

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How long does it take to complete a DUI course in Florida?

How long does it take to complete a DUI course in Florida?

When someone is convicted of a Driving Under the Influence (DUI) offense in Florida, that person faces serious repercussions, including completing a licensed DUI program (“DUI School”).

These licensed programs allow drivers convicted of DUI to learn about the dangers of driving while intoxicated, understand the impact excessive alcohol consumption can have on a person, and seek alternatives to driving while impaired.

As Board Certified DUI Defense Experts, Katz & Phillips, P.A. is here to advocate on your behalf. Attending a DUI course is one of many steps a person has to take to overcome the challenges of a DUI offense, and our attorneys are here to help.

dui course florida

Length and cost of Florida DUI courses

The length of a DUI course depends on the nature of the offense.

Class types are split into two levels: Level I and Level II. The time spent engaging in a DUI course ranges from 12-21 hours. Below is a breakdown of each class type and the duration.

Level I

In a Florida DUI Level I course, drivers must attend 12 hours of class instruction, which includes an evaluation of the driver’s history of substance abuse, a physiological evaluation, and a general discussion about the dangers of substance abuse and driving.

Florida also requires drivers convicted of DUI to pay their course fees. Level I applicants must pay $333.50 if registering online or $316 for signing up in person.

Level II

In a Florida DUI Level II course, drivers must attend 21 hours of class instruction. Students are required to interact with the materials focusing on the issues of alcohol and driving. Level II classes are limited to 15 participants and address repeat offenders.

Furthermore, the course curriculum typically includes information about substance abuse treatment because many repeat offenders must also attend mandatory substance abuse treatment.

Level II classes cost $488 for online registration and $466 for in-office signups. It’s important to note that costs can escalate due to reassignment or a need for additional courses.

DUI School is mandatory in Florida

After being charged and convicted of a DUI offense, a driver must complete a mandatory DUI program as state law requires.

Depending on the course, drivers that attend a class can expect to learn about the dangers of driving under the influence through lectures, classroom instruction, and classroom participation.

Drivers enrolled in these courses are expected to engage with the materials and each other in order to pass the course. It’s not enough to just attend the course and stare into space – you need to make an effort to engage and understand the material.

Programs must be licensed by the state

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has provided licenses to a network of DUI programs across the state.

FLHSMV provides instructor certification, investigates program complaints, evaluates program effectiveness, and regulates DUI program curricula throughout Florida.

Registering for a DUI course

When registering for a DUI course, courts typically require the driver to sign for a course in the county of their residence.

When registering for a course, the driver usually needs the following items:

  • A government-issued form of identification
  • A copy of the DUI citation
  • A copy of the affidavit showing the driver was arrested
  • Breathalyzer/sobriety test or paperwork showing the driver’s refusal to take a test
  • A court order for the DUI course
  • A copy of the driver’s driving record

Is a DUI course the only requirement for a DUI offense?

All DUI offenses in Florida require the driver to attend a licensed DUI program class, but course attendance is typically not the only repercussion of a DUI offense.

Other forms of punishment can include:

  • Incarceration
  • Civil penalties
  • Payment of court costs and fees
  • Drug and alcohol treatment
  • Probation
  • License suspension or revocation
  • Installation of an ignition interlock device

Reach out to our Orlando DUI defense attorneys

Katz & Phillips, P.A. specializes in DUI defense and are expert DUI attorneys in Orlando, Florida. Our attorneys can help drivers understand their rights when addressing DUI offenses, including the requirements for a DUI course.

For more information about DUI courses and other issues related to a DUI offense, please contact us or call us at (321) 332-6864.

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Can you get a DUI removed from your record?

Can you get a DUI removed from your record?

It’s natural to worry about the potential implications of a criminal record after a DUI charge. After all, Florida is one of the toughest states when it comes to DUI offenses. However, that doesn’t mean that a DUI charge has to haunt you for the rest of your life.

Depending on your unique circumstances, it may be possible to get a DUI case removed from your record — but you’ll need to meet certain criteria to be eligible. Continue reading for more information, or contact Katz & Phillips, P.A. at (321) 332-6864 for personalized guidance from a DUI attorney in Orlando, FL.

can you get a dui removed from your record

Ways to remove a criminal record in Florida

There are two ways to get a criminal case removed from your record in Florida: expungement and sealing. Expungement involves completely destroying all records related to the case, including court records and arrest documents. Sealing involves keeping the records in a safe place but making them inaccessible to the public.

A DUI charge may only be sealed or expunged if you were never convicted of the offense. For instance, if your charges are dropped before you’re convicted or if the court finds you not guilty following a hearing or trial. This is because only dismissals, acquittals, and dropped charges may be eligible for expungement or sealing in Florida.

This means that if you were arrested and charged with DUI but weren’t convicted, you may be eligible to get the case removed from your record.  Additionally, if your charges were reduced to Reckless Driving and the Court withheld adjudication of guilt, you may be eligible to seal your record.

How to apply for expungement or record sealing

If you meet the criteria to have your DUI record expunged or sealed, you can seek relief by submitting a notarized application to the Florida Department of Law Enforcement (FDLE) with the help of a lawyer. 

You’ll need to include copies of your court documents and other relevant materials to prove that your case is eligible for removal. The FDLE will then verify your eligibility; if approved, the agency will issue a certificate confirming that you’re eligible.

You’ll then need to file a request with the clerk of the court where your charges were originally filed. Next, you’ll attend a hearing, where you’ll be able to explain your case in detail and make a strong argument for having your DUI records sealed or expunged.

A strong defense is the best remedy against a permanent DUI record

Ultimately, once your DUI charge becomes a conviction in Florida, there’s no way to remove it from your record. Even if you complete the associated sanctions and serve your sentence, the conviction will remain, and you’ll be required to disclose it on any job application where the question is asked.

The best way to ensure that a DUI doesn’t leave a lasting mark on your criminal record is to avoid conviction in the first place. Proactive legal defense is your greatest asset when facing DUI charges, and the right representation can help you secure the best possible outcome.

Reach out to our Orlando DUI defense attorneys

At Katz & Phillips, P.A., we have a deep understanding of Florida DUI law, and our Board Certified DUI Defense Expert attorneys are ready to fight for you. We may be able to advocate for a lesser charge, dismissal of your case, or an acquittal — all of which could leave the option open for you to have your DUI record expunged or sealed. We can also help you pursue a record removal once your case has been resolved.

For more information about how to fight a DUI charge and potentially remove it from your record, contact us at (321) 332-6864 today. We look forward to protecting your future.

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How many DUIs can you have before you lose your license?

How many DUIs can you have
before you lose your license?

In Florida, it’s illegal to operate a motor vehicle while under the influence of alcohol or other chemical substances. Driving under the influence (DUI) can result in serious legal consequences, including revoking your driver’s license.

While many drivers believe that multiple DUIs are required to lose their license, the truth is that a single DUI conviction will lead to the loss of your driver’s license under Florida law. The exact length of the revocation period varies depending on the unique circumstances of the offense. 

If you need help determining how long your license will be revoked after a DUI, call (321) 332-6864 to speak to a DUI attorney in Orlando, FL

how many dui before you lose your license

Suspension vs. revocation

There are two ways to lose your driver’s license in Florida: suspension and revocation. A suspension is a temporary loss of your driving privileges. Upon completion of the suspension period, you can apply for reinstatement of your existing driver’s license. 

In contrast, revocation is the permanent termination of your driving privileges under your existing driver’s license. The only way to fully regain your driving privileges after revocation is to seek a new driver’s license as if you were applying for a license for the first time.

After you’re arrested for DUI, you’ll face an automatic 6-month administrative suspension of your license if you took the breath test and blew over a .08.  If you refused the breath test then you will face a 12-month suspension.

During the first 10 days of the suspension period, you can challenge the suspension with the DMV. If you can present strong evidence that there were errors in your arrest, or in the administration of the breath test,  you may be able to regain your full driving privilege until your criminal case is resolved. If your trial ultimately results in a conviction, your driver’s license will be suspended by the court.

How long does a license suspension last?

OffenseLength of revocation
First-time DUI without bodily injury6 months to 1 year
First-time DUI with serious bodily injury3-year minimum
Second DUI within 5 years5 years
Second DUI (more than 5 years since last conviction)6 months to 1 year
Third DUI within 10 years of second conviction10-year minimum
Third DUI (more than 10 years since last conviction)6 months to 1 year
Fourth and subsequent offensesPermanently revoked
DUI manslaughterPermanently revoked

Hardship reinstatement may be available

Once you’ve been convicted of a DUI, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) will notify you that your license has been revoked and will specify the length of the revocation period.

You’ll also be notified of your right to request a hardship reinstatement, which allows the FLHSMV to restore restricted driving privileges — such as driving for work purposes — without a full reinstatement of your driver’s license.

Reach out to an attorney for assistance

If you’ve been arrested for DUI in Florida, it’s important to take immediate steps to protect your driving privileges. An experienced attorney can help you challenge any administrative suspensions and explore the possibility of hardship reinstatement so that you may continue driving while your case is pending. 

They can also mount a compelling defense against your DUI charge to reduce your odds of facing other penalties, such as fines or jail time. 

Katz & Phillips, P.A. is a criminal defense law firm with extensive experience in DUI cases throughout the state of Florida. In fact, David Katz and James Phillips are two of only four board-certified DUI defense experts in Florida. Contact us today to schedule a consultation and let our board-certified DUI defense lawyers protect your rights.

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Do I have to take a breathalyzer test?

Do I have to take a breathalyzer test?

When you’re pulled over on suspicion of driving under the influence (DUI) in Florida, you may be asked to take a breathalyzer test. The officer may be convincing, and you might be worried about the consequences of refusing the test.

Knowing your rights in this situation can help you determine how best to proceed. Continue reading for more information, then call (321) 332-6864 to get in touch with one of our Expert DUI attorneys.

do I have to take a breathalyzer test

Know your rights when you’re asked to take a breath test

A breathalyzer is a device used to measure your Blood Alcohol Content (BAC). If you agree to a breathalyzer test, you’ll be asked to blow into the machine, and the police will use the results to determine if you’re over the legal limit.

Under Florida law, all licensed drivers give “implied consent” to chemical testing such as breathalyzers when requested to do so by a law enforcement officer. However, this doesn’t necessarily mean you must comply. You have the ability to refuse a breathalyzer test, but doing so carries significant consequences.

If you refuse to take a breathalyzer test, your driver’s license will be suspended for one year. Any subsequent refusals will result in an 18-month license suspension and the possibility of criminal penalties, including jail time.

Is it a good idea to refuse a breathalyzer?

If you know you’re sober — it’s not worth the risk of refusing a breathalyzer just to avoid the hassle. However, if you believe there’s a chance you may be over the legal limit, you need to weigh your options carefully.

The results of a breathalyzer test can be used to convict you in court, so some drivers believe that refusing can help them avoid a conviction. However, even if you refuse the breath test, you can still be arrested, charged, and even convicted of DUI without a breathalyzer reading.

If you refuse the breathalyzer, the prosecutor will rely on evidence of your driving pattern, results of any field sobriety tests conducted, your behavior, and your admissions made when you were stopped and arrested to attempt to prove to a jury that you were impaired. Anything from erratic driving to a failed field sobriety test can be used to build a case against you.

In many cases refusing a breath test keeps the state from having an additional piece of evidence against you.  It’s difficult to accurately assess one’s own outward signs of intoxication, so even if you think you appear sober, the police may see things differently.

The role of reasonable suspicion and probable cause

It’s important to note that the implied consent law only applies when the officer stops you with “reasonable suspicion” and arrests you with “probable cause.” This means that if the officer has no legal basis to pull you over or arrest you, the breath test you take may not be admissible as evidence against you. 

They might suspend your driver’s license anyway if you refuse. Still, you may be able to challenge the suspension in an administrative hearing if you can show that the stop or arrest was not legally justified.

This aspect of the law could possibly protect you whether you agree to take the breath test and it shows that you’re over the limit or refuse. If you can prove that the officer had no reasonable suspicion to pull you over or probable cause to arrest you, the results of the breathalyzer test or your refusal might not be admissible in court.

Arrested for DUI? Call us today.

Ultimately, only you can decide if you should agree to a breathalyzer test. No matter what route you choose, our DUI defense attorneys in Orlando are here to help protect your rights and fight for a favorable outcome in court. Contact us today to learn more about how Katz & Phillips, P.A. can help.

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