Legal Basis for Chemical Tests
In Florida, there are three primary types of chemical tests used to determine blood alcohol content (BAC) after a DUI stop: breath, blood, and urine tests. Each of these tests plays a critical role in assessing whether a driver is operating a vehicle under the influence of alcohol or drugs.
A chemical or breath test must be requested by a law enforcement officer following a lawful arrest. For the arrest to be lawful, the officer must have reasonable cause to believe that the individual was driving or in actual physical control of a vehicle while under the influence of alcohol.
Additionally, it is worth noting that under Florida law, administering a breath test does not mean that no other chemical tests will be administered.
Consequences of Refusing a Chemical Test
In Florida, the law takes a firm stance on the refusal to submit to chemical tests following a DUI arrest or stop. Under Florida's "implied consent" law, drivers are presumed to have consented to chemical tests when driving on Florida roads.
The first consequence of refusing a chemical test is a one-year automatic license suspension. If you have previously refused a chemical test, the penalty increases to an 18-month suspension. Additionally, a second refusal is classified as a first-degree misdemeanor, which can result in further legal penalties, including fines and possible jail time.
Moreover, refusing a chemical test does not exempt you from prosecution for DUI. Furthermore, the refusal can be used against you in court as evidence of your consciousness of guilt. In many cases, this refusal could result in more severe penalties if you are convicted of DUI, considering Florida's harsh stance on impaired driving.
Are You Required to Submit to Field Sobriety Tests in Florida?
Unlike chemical tests, you are not legally required to submit to field sobriety tests (FSTs) in Florida. Field sobriety tests are designed to provide law enforcement officers with an immediate assessment of a driver's motor skills and cognitive functions at the scene of a traffic stop. These tests, which include the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn (WAT), and the One-Leg Stand (OLS), are fundamentally different from chemical tests that measure blood alcohol content (BAC).
Three key differences between chemical tests and FSTs are:
- Nature of the Tests: Field sobriety tests are physical and behavioral assessments, while chemical tests are scientific analyses of the alcohol or drug content in the body.
- Objective vs. Subjective: Chemical tests provide quantifiable, objective data about BAC levels. On the other hand, FSTs rely on an officer's subjective observations, which various external factors can influence.
- Reliability: Chemical tests are generally considered reliable and widely accepted in courts. FSTs, however, are often criticized for their lack of reliability and consistency. Numerous variables can affect the results of FSTs, making them less dependable for accurately determining impairment.
Field sobriety tests can be unreliable due to individual physical and medical conditions like inner ear problems, environmental factors such as uneven ground or poor lighting, and the nervousness or fatigue experienced by individuals during a traffic stop. These factors can cause a person to perform poorly on these tests, even if they are sober.
Turn to an Attorney for Guidance
If you find yourself in a situation where you are asked to submit to a chemical test, knowing your rights can make a significant difference in the way your case proceeds. The attorneys at Law Offices of Jason K.S. Porter, P.A. are experienced in representing clients in all DUI cases, including complex cases involving chemical test refusal.
Contact our team online to schedule a consultation.