Fort Lauderdale Coerced Test Attorney
Florida, like all states, has an implied consent law. Under this law, drivers are considered to give their ‘implied consent’ to a breath, chemical, or urine test any time they are behind the wheel. The consent is given in exchange for the privilege of driving.
However, the law also recognizes that no one, not even a police officer, can force any driver to submit to these tests. Still, law enforcement officers will use a number of tactics when trying to make an arrest, including coercion. If you were charged with a DUI after taking a breath test, our Fort Lauderdale coerced test attorney can prepare the solid defense you need.
Coerced Test: Chemical
There are many tactics a law enforcement officer may use when coercing someone to submit to a chemical test. Chemical tests include breathalyzers, urine tests, or blood draws.
Although you do have the right to refuse to take these tests, doing so does come with penalties stipulated under the law. If you refuse the test and it is your first offense, your driver’s license will be automatically suspended for one year. The suspension will remain in place even if you are not convicted of driving under the influence. For a second or third offense, your driver’s license will be suspended for 18 months, and you may even face jail time.
The above penalties are the only ones you will face if you refuse a chemical test. The officer may try to coerce you to take the test by telling you that you will go to jail, even if it is your first offense and that is not true. They may also tell you that they will arrest you, and they may even follow through on that action.
Coerced Test: Field Sobriety Tests
Field sobriety tests are those that are performed roadside, such as the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus. You are not required under the law to perform these tests and refusing to take them will not come with any consequences. Still, the officer may threaten you with an arrest for simply not submitting to the test, which is coercion. Police officers have no right to arrest you simply for refusing a field sobriety test.
Coerced Test Results are Inadmissible in Court
If you were coerced into taking either a chemical or field sobriety test, the officer has violated your rights. As a result, a criminal defense attorney can file a motion to suppress the evidence so it cannot be used against you. Like in most criminal cases, if the defendant was coerced into doing something, any evidence obtained after that coercion is not admissible in court.
Call Our Coerced Test Attorney in Fort Lauderdale Today
Coercion is a fairly common tactic used by law enforcement, but our Fort Lauderdale coerced test attorney at Meldon Law will not let them get away with it. Call us today at 800-373-8000 or contact us online to schedule a free consultation and to learn more about your legal options.