subject: Implied consent Law in Florida: an overview [print this page] Implied consent Law in Florida: an overview
Implied consent is a legal concept and it is as legitimate as express consent depending on the circumstances and the pertinent law. For instance, the owner of a motor vehicle generally is legally responsible for an accident caused by the person who drove that vehicle according to the consent. Well, that consent can be implied or express and the implied consent may occur from apparently inoffensive actions.
Florida Implied Consent Law
A constituent of the Florida DUI law permits the officer to request one of three chemical tests depends on the situation. The testing can be done using breath, blood or urine. While an accused is considered to have consented to the test, he or she may refuse, but a refusal has certain penalty. And the penalties are suspension of license, and for a 2nd refusal it may become a crime with possible jail term.
The intention of implied consent is to assure that the accused is susceptible to the penalty of refusal. The Consent is implied because it is a precondition to get a driving license in Florida. If you blow .000 according to the breath test result, the officer will change his or her mind and may ask you for the urine test. Once they decide that you are impaired, you will not be released even if your breath test result is below .08%. What typically happen is if you are beneath the legal limit they will request for urine test and it takes sixty to ninety days to get the urine test report, so the truth will possibly appear months later.
Constitutional rights
At present, the federal government fund awards to the states that execute certain DUI deterrence programs. As a direct result, there are many states that have implemented driver's license deferment systems into their implied consent statutes for both refusal to take a test and failures of a chemical test. Under the appearance of justice, states have managed to evade a suspected DUI offender's legitimate rights and lawfully deject refusal of chemical testing.
DUI Defense Lawyer Miami endeavors to remind courts that the Fourth Amendment of the United States Constitution states that, "the rights of the public to be safe against irrational searches and spasms, should not be violated." Even though valid arguments have been elevated concerning this right in DUI cases, such arguments have been repetitively rejected.
Consequence to be imposed by the Florida's Implied Consent Laws: The courts are barred from preservation adjudication in a DUI case; or from reducing a DUI accusation if the defendant's BAC was .20 or more. Contact a Miami criminal defense lawyer for more details, as they are the person who are aware of such consequences.
