Challenging the Implied Consent Law for DUI Arrests in Florida with Persistence and Knowledge

St. Petersburg DUI lawyer fights to help you keep your driving privileges

When Florida residents apply for, accept and use a driver’s license to operate their cars or other vehicles in the state, they are deemed to have consented to a breath, blood or urine test if lawfully arrested for any offense committed while driving. Florida law also implies consent of non-residents based on the act of driving within the state. The statute, which applies to all drivers, resident and non-resident, is known as the implied consent law. The implied consent statute provides law enforcement with an effective means of collecting evidence that may be used in a DUI case against the driver.

However, the law has limits and testing may be improper or unreliable depending on the circumstances. If you are stopped by law enforcement while driving, arrested for DUI or cited for refusal to take a breath, blood or urine test, it is crucial to immediately contact an experienced DUI attorney. At the law office of Joseph Montrone, Jr., P.A., I have represented numerous DUI clients, including those charged with violating the implied consent law.

Violating the implied consent law can result in significant penalties

Refusal to consent to a breath, blood or urine test can result in automatic suspension of your license. You may face a license suspension of 90 days to one year for a first offense. However, a hardship license may be available for first offenders. A second offense carries an 18-month suspension.

A judge may also require that you install an ignition interlock device on your vehicle. First offenders are required to have an ignition interlock device installed if a minor was in the vehicle or their blood alcohol level reached a certain level. The use of an ignition interlock device is mandated for a second DUI conviction.

At the law office of Joseph Montrone, Jr., I have helped a number of clients successfully fight their implied consent law violations in order to retain their driving privileges and avoid a DUI conviction. As a St. Petersburg drunk driving attorney, I also represent clients on felony DUI charges. To avoid or reduce the consequences of violating the implied consent law or related charges, you should contact a criminal defense lawyer who is knowledgeable about the law and local courts in your county.