Fort Lauderdale Recanted Refusal Attorney
Being pulled over for a suspected DUI is a scary, confusing, and overwhelming experience. You will likely not know what to do right away, or how to protect your rights. If the police officer suspects that you are under the influence after questioning you briefly, they may ask you to submit to a chemical test. Under the law, there are serious consequences for refusing these tests, but police officers are under certain obligations, as well. If you have refused a chemical test and that refusal is now being held against you, a Fort Lauderdale recanted refusal attorney can help you beat the charges.
Implied Consent in Recanted Refusal Cases
Under Florida law, all motorists in the state provide their implied consent to submit to chemical tests every time they get behind the wheel. Any driver that refuses to take a breath, blood, or urine test when asked to do so by law enforcement will have their driver’s license automatically suspended for one year. The suspension will remain in place regardless of the outcome of the DUI case.
The Warning in Recanted Refusal Cases
Before a refusal can be held against a driver and used as a reason to suspend their driver’s license, the law enforcement officer must warn the driver of the consequences. The warning provided is fairly standard and a refusal cannot be used against a driver until the warning has been given. Any time a police officer does not warn a driver about the license suspension, any evidence surrounding the refusal cannot be used in court.
What is a Recanted Refusal?
Sometimes, a person may initially refuse a chemical test only to change their mind later and ask to take a test. A driver may even refuse to take the test after receiving the warning from the officer, but then change their mind and decide to take the test. This is particularly common at DUI stops because drivers tend to be very nervous when dealing with the police.
Any time a driver changes their mind and wants to take a chemical test, it is considered a recanted refusal. Generally speaking, law enforcement should allow you to take a test if you recant your refusal, but sometimes they do not because they want to strengthen their case against you. In any case, if you have recanted a refusal, you should speak to a attorney about whether you can challenge the refusal and keep it out of court.
Challenging a refusal is not easy, and the success of your case will largely depend on the facts. A judge will consider the length of time between the refusal and the recantation, and how easily the officer would have been able to restart the test.
Our Recanted Refusal Attorney in Fort Lauderdale Can Help with Your Challenge
If a refusal is being used against you after a DUI stop, our Fort Lauderdale recanted refusal attorney at Meldon Law can challenge it and give you the best chance of a positive outcome. Call us today at 800-373-8000 or contact us online to schedule a free consultation so we can review your case.