Florida DUI Law states:
316.193 Driving under the influence; penalties.--
(1)  A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a)  The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
(b)  The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c)  The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
When someone chooses to get a driver’s license in Florida, they accept a number of stipulations whose repercussions are not always immediately apparent. One such Florida DUI law concept is “implied consent.”  The statement, "I hereby consent to any chemical test for sobriety as required by law" appears directly above your signature. Implied consent means that when a driver in Florida operates a vehicle on the roads by this action they are considered to have given advance permission to any law enforcement officer to stop them at any time while they are on their road and test them to see if they are under the influence of drugs or alcohol.

This implication has far-reaching effects.  If a person is stopped by a police officer while they are driving, and the police officer believes that the person has consumed alcohol, they have wide authority over what they can do.  This authority can range from actions as simple as stopping a car to arresting a driver on suspicion of driving under the influence.

One important example of the potential realities of implied consent is the roadside sobriety tests.  While a police officer cannot force a driver to take a test, refusal can be used as evidence in DUI criminal proceedings. If the driver is then convicted of drunk driving in South Florida after they refuse to take a test they can lose their license for a year, and second and subsequent refusals can result in a suspension of 18 months.

Florida DUI laws are extremely complicated, and many fail to take into account the reality of life in 21st century America.  Although society has changed, many of the laws have not, and quite often people get caught between the wheels of justice and suffer far out of proportion for the crimes they may or may not have committed.

If you have been charged with a DUI or drunk driving offense in South Florida or anywhere across the state you need to consult Essen, Essen, Susaneck, & Cohen.  Every second you hesitate is one second that our team cannot use to prepare your defense and protect your freedom, finances, and reputation.  Since 1949, we have helped people in your exact same situation, so we know exactly what to do to help you out.  Contact us today.