Implied Consent Warning
A summary of Florida’s Implied Consent Statute is as follows:
“Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating the vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test. The person shall be told that his or her failure to submit to any lawful test of his or her breath, blood or urine will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or 18 months for a second or subsequent refusal, and shall be told that if he or she refuses to submit to a lawful test of his or her breath, blood or urine and his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or breath, blood or urine that he or she commits a misdemeanor in addition to any other penalties.”
If the officer did not read you these warnings, then any evidence that a person refused to submit to the testing is inadmissible. If you have been charged with DUI or Refusal to Submit to Testing, please do not hesitate to contact one of our Palm Beach crinimal defense attorneys at Bottari & Doyle for a free consultation.