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

UPDATED: Aug 25, 2011

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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


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

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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