This is an incredibly important question in the context of getting charged with driving while under suspension.Also, if you have previously refused to submit to a breath, blood or urine test, a second or subsequent refusal to submit to such testing is a misdemeanor offense.How long does a suspended license stay on your record in Ontario?
Additionally, the refusal to submit to a chemical or physical breath test, or to a urine test, upon the request of a law enforcement officer, is admissible in any criminal proceeding against you. The law permits the Department of Highway Safety and Motor Vehicles to suspend your privilege to operate a motor vehicle for a period of one (1) year for a first refusal, or a period of eighteen (18) months for a second or subsequent refusal. However, refusing such tests is not without cost. However, you may refuse to take such tests unless you are involved in an accident involving serious bodily injury or death to a human being. May I refuse to take a Breath, Blood, or Urine test if requested?Īnswer: By accepting the privilege extended by the laws of this state of operating a motor vehicle, you are deemed to have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining the alcoholic content of your blood, and to a urine test for the purposes of detecting the presence of drugs, if lawfully arrested for any offense allegedly committed while driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages, chemical substances, or controlled substances. While all individuals who drive while drunk are DUI, you do not need to be drunk to be considered under the influence. “Drunk Driving” is a common misnomer for the crime of driving under the influence. If I blew over the legal limit, how can I possibly beat the DUI?Īnswer: DUI is an abbreviation for “driving under the influence.” A person is guilty of the offense if such person is driving or in actual physical control of a vehicle within the state and the person is under the influence of alcoholic beverages or any chemical or controlled substance set forth under the applicable statutes when affected to the extent that his or her normal faculties are impaired or when the person has a blood alcohol level of 0.08% or higher.What are the penalties for a first time DUI?.What does “In Actual Physical Control” mean?.May I refuse to take a Breath, Blood, or Urine test if requested?.Are you presumed guilty if you have a blood alcohol level of 0.08% or higher?.Is it unlawful to drive with a blood alcohol level of 0.08% or higher?.
HOW LONG IS MY LICENSE SUSPENDED FOR TRIAL
HOW LONG IS MY LICENSE SUSPENDED FOR FREE
If you need a DUI attorney, contact Orlando DUI Attorney Richard Hornsby for a free initial consultation. Below are the more frequent questions I receive regarding DUI in Florida.
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