DUI Sobriety Test Refusal
When a driver refuses to take a breath, blood or urine test in regards to driving under the influence (DUI), there are administrative sanctions that will come up later. The driver’s license is typically suspended for up to one year on the first offense. DUI refusal has gained popularity because it makes the prosecutor’s case much harder to prove. The State must present more subjective proof of loss of faculties without the actual test results. This makes a Sarasota DUI charge dismissal more likely. With a strong Sarasota DUI attorney, the many other life-changing penalties of DUI refusal can be handled carefully and with the smallest consequences possible.
How Is a Sarasota DUI Test Refusal Used Against You?
In a Sarasota DUI case, the prosecution frequently suggests that the DUI refusal is a sign that you were well aware of your impairment. The State’s lawyer will attempt to use this as proof that you were not in control while driving. A good Sarasota DUI defense attorney can weaken this argument and you will have a solid chance to have your charges dismissed or reduced instead.
Sarasota DUI lawyers can often have your DUI refusal excluded from trial evidence on any number of grounds. There are 2 different types of refusal: expressed and implied. We can help, especially if it is an implied refusal. There are many different strong defenses for this charge. If you are being charged with either type of DUI refusal, contact the Sarasota DUI attorneys at Musca Law today.
Administrative Hearings Need Swift Attention
A skilled and experienced Sarasota DUI lawyer will pay strict and swift attention to the administrative side of your case. If you are a Sarasota driver accused of DUI refusal, you have 10 days after an arrest to request a formal review hearing. During this hearing you can contest the driver’s license suspension. If it does not result in your favor, the State can suspend your license for up to one year. During 3 of those months, you may not be allowed to drive at all, depending on the circumstances. The Sarasota DUI lawyers at Musca Law will attend your administrative hearing and work to have your DUI refusal set aside on any number of grounds. They may argue that you did not really refuse or perhaps you were confused by the double Miranda rights warning and notice of refusal. Protect your driving rights and avoid further problems on both the criminal and administrative sides of your case. Contact Musca Law today.