| DUI
Law Penalties posted by Florida
DUI Lawyer *
Parks
& Braxton, your best resource for a Florida
DUI Lawyer, wants you to be well informed.
Here is the latest on Florida DUI Penalties:
Chemical or Physical Test Provisions (Implied
Consent Law)-316.1932, F.S., 316.1933, F.S., 316.1934,
F.S, 316.1939, F.S
- Refusal:
Refusal to submit to a breath, urine, or blood
test is admissible as evidence in DUI criminal
proceedings. Second or subsequent refusal is
a misdemeanor of the first degree.
- Driver
License Suspension Periods: First refusal, suspended
for 1 year. Second or subsequent refusals, suspended
for 18 months.
- Commercial
Driver License Disqualification Periods: First
refusal in a commercial motor vehicle, disqualified
for 1 year. Second or subsequent refusals in
a commercial motor vehicle, disqualified permanently.
No hardship reinstatement permitted.
- Forceful
Withdrawal of Blood: If necessary, blood may
be withdrawn in DUI cases involving serious
bodily injury or death by authorized medical
personnel with the use of reasonable force by
the arresting officer, even if the driver refuses.
- Unconscious:
Any person who is incapable of refusal by reason
of unconsciousness or other mental or physical
condition shall be deemed not to have withdrawn
his consent to such test. A blood test may be
administered whether or not such person is told
that his failure to submit to such a blood test
will result in the suspension of his privilege
to operate a motor vehicle.
- Portable
Alcohol Breath Testing Devices: Authorized by
s.322.2616, F.S., for persons under the age
of 21. Reading is admissible as evidence in
any administrative hearing conducted under s.
322.2616, F.S.
*These
are just excerpts of Florida law, and are not
meant as a complete resource. They are for informational
purposes only. This material obtained on http://www.hsmv.state.fl.us
and posted by a Florida DUI
Lawyer.
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