Tag Archives: dui refusal

Lengthy Consequences For Multiple DUI Offenders

Offenders with multiple DUI’s will encounter issues when trying to relocate to another state and get a driver’s license. Even with good reason—moving for a job, family member, etc., Florida requires that you satisfy the suspension in Florida before getting licensed in another state. This will especially affect those with a 5-year driver’s license revocation, 10-year, or a life-time revocation.

The national driver’s registry is a country-wide database, sharing information with each state about the status of your driver’s license. When trying to get licensed in a state other than Florida, the new state will check this database and find the Florida suspension, and not allow you to be licensed in the new state until the Florida suspension is satisfied.

To comply with Florida’s requirements during the suspension period, Florida requires registration in the special supervision program, completing DUI school, and whatever drug or alcohol treatment the DUI Supervisory office requests. Some of these requirements will have to be met previously, as they are required by the courts. Additionally, drivers must install a breathalyzer into your vehicle for the DHSMV mandated period. For those with a second DUI the period is 1-2 years depending on the blood alcohol level. For third DUI the period is a minimum of 2 years. Fourth DUI, or subsequent offenses is a minimum of 5 years. Drivers must visit the Interlock device’s vendor monthly, there are five to choose from. Every month the driver pays the vendor to service the device and record the pertinent information recorded by the device.

In Hillsborough or Pinellas County, the DUI program and Special Supervision Program is managed by DUI Counterattack or Suncoast Safety Council. During enrollment in the statewide special supervision program, offenders are first evaluated, then must visit a supervision officer once a month for an interview, pay a supervision fee, and take a random drug/alcohol test. The monthly interviews continue for the remainder of the suspension period (5 years, 10 years, or lifetime). The offender will have to remain in Florida for that period to keep licensing, or travel from out of state once a month to visit the special supervision officer for the remainder of the period.

For questions about multiple DUI offenses, or any other Florida DUI questions, please contact Jenny Thomas at Thomas Law, P.A. We are a boutique law firm focused on working hard to achieve the best outcome for our clients.

DUI Refusal Law Proposes Harsher Penalties

A new bill proposes tougher penalties and tougher decisions for drivers.

Under current law, drivers face a one year license suspension after refusing a breathalyzer or urine test when stopped for a suspected DUI offense. Florida’s implied consent law states all drivers must submit to a breathalyzer or urine test if the officer has probable cause to make a DUI arrest. Every Florida driver gives this implied consent when they hold a Florida driver’s license. This implied consent law allows officers to ticket drivers with a refusal, because they have already given this consent when they obtained their Florida license. For a second or any subsequent refusal, a driver will be suspended for 18 months and face possible jail time for the misdemeanor offense.

With current laws in place, WFTV Eyewitness news finds that four out of every ten drivers that are stopped, do refuse a breathalyzer or urine test.

These penalties may increase in years to come if Sen. David Simmons’ bill passes.  In 2015, Sen. Simmons, R-Altamonte Springs, filed the bill that will propose fines of $500-1000, six months of probation, and additional four points being assessed on the driver license, for the refusal.

If the same driver refuses a second time, the bill rules the second refusal a criminal misdemeanor offense and makes the crime not eligible for judicial alteration or reduction in court.

There is one important caveat to Florida’s implied consent law. In 2011, the Florida Supreme Court held that a person’s driver’s license could not be suspended for refusing to take a Breathalyzer or test if the DUI arrest was unlawful. This mean if you were stopped without reasonable suspicion, or if your arrest was made without probable cause, then your refusal to blow cannot be used against you to deny your driving privileges.

Our team at Thomas Law is ready to start aggressively pursuing a reduction or dismissal on your behalf. Contact us today to learn more about how we can defend you.