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If you have been arrested and charged with DUI, contact an attorney immediately.
You have 10 days from the arrest to file for an Administrative Review to fight your license suspension.
As of July 1, 2002 the words "Right to Refuse" have been stricken from F.S. 316.1932.
As of July 1, 2002 the following words have been added to Florida's
Implied Consent Law: "..shall also be told that if he/she refuses
to submit to a lawful test of his/her breath and/or urine, and his/her driving privilege has been previously suspended for
a prior refusal to submit to a lawful test of his/her breath, urine, or blood, he/she commits a misdemeanor in addition to
any other penalties." F.S. Section 316.1939 was created to outline
the necessary elements associated with the new criminal offense of misdemeanor refusal. (Misdemeanor of the first degree)
A.) Refusal to submit to breath, blood, or urine; B.) Prior refusal; C.) Arresting officer has probable cause to believe the
Defendant is DUI; D.) Defendant was placed under arrest for DUI; E.) The Defendant was read implied consent; F.) The Defendant
was told that his refusal constituted a misdemeanor offense. Note:
The statute also provides that the results of any DHSMV (formerly DMV) administrative proceeding to do not effect the criminal
case and visa versa. (Effective 7/1/02)
DUI in Miami, DUI in Doral, DUI in Surfside, DUI in South Beach, DUI in Miami Dade, DUI in Miami FL, DUI in Miami Florida
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WE COVER BROWARD, INDIAN RIVER, LEE, MARTIN, MIAMI-DADE, MONROE, PALM BEACH, AND ST. LUCIE
COUNTIES. IF YOU RECEIVED A TRAFFIC TICKET IN ANOTHER FLORIDA COUNTY CLICK HERE, AND AN ATTORNEY IN THAT COUNTY CONTACT YOU SHORTLY. The hiring
of a DUI lawyer, traffic ticket lawyer, or criminal lawyer is an important decision that should not be based solely upon
advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This
web site is designed for general information only. The information presented at this site should not be construed to be neither
formal legal advice nor the formation of a lawyer/client relationship. I hope that you enjoy our animated friends. They
are not real law enforcement officers. They are here strictly for entertainment, aesthetic, and design purposes. Click here
for reciprocal links. Traffic Ticket Attorney and Traffic Violation Lawyer. Serving Broward,
Indian River,
Lee, Martin, Miami-Dade, Monroe, Palm Beach, and St. Lucie Counties. |
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