|Florida DUI Refusal Breath Test|
Florida DUI Attorney in Tampa just reviewed a Driver’s license Suspension case for Refusal to submit to a DUI breath test. The suspension was invalidated – there was no evidence that impairment was due to alcohol. The court ruled that absent proof of consumption of alcohol, a request that a driver submit to breath test is not authorized. If a breath test request is not lawful, then a Florida Driver’s License cannot be suspended for refusal of a breath test.
“[T]he record is clear and indeed uncontroverted that the petitioner was impaired when the police officers arrived at the scene of the accident where Mr. Carillon was arrested. His eyes were glassy, his speech was slurred, he swayed “in every direction”, and had major difficulties with fine motor skills. However, the record is devoid of any indication that the impairment was due to consumption of alcohol.”
“[U]nder Florida Statute 316.1932, no law enforcement officer was authorized to request that the petitioner submit to a breath test. Therefore, the petitioner did not refuse a lawful breath test. Accordingly, the order of the hearing officer upholding the suspension of the petitioner’s driving privilege is a departure from the essential requirements of law.”
Source: FLWSUPP 1812CARI
DUI Refusal Suspension? 10 Days to Challenge It. Call 813-222-2220