If a driver is accused by a Police Officer od Driving Under the Influence (DUI) in the Fort Lauderdale area, that refusal sets off a negative set of chain-reactive administrative sanctions. The Courts and the Prosecutors have come up with such sanctions in order to rgwart drivers whom the Police believe to be under the influence, in such a way as to thwart YOUR rights under the Constitution of These United States. Without a suspected driver’s voluntary release of bodily fluids including urine, blood, breath, sweat, etc., the Fort Lauderdale prosecutors would have a much harder, if not impossible, job of trying to prove by traditional means, such as walking, talking, counting, etc., that the driver was allegedly impaired. That can usually lead to a dismissal of DUI charges, but hefty penalties via administrative sanctions. Therefore, it is even the more imperative that a Fort Lauderdale DUI lawyer, be consulted, because a refusal can lead to a host of consequences that can be life-altering for defendants.

How might a prosecutor use a refusal to submit to a blood test?

Police Officers, Prosecutors, and Judges all tend to view such a refusal as a sign of mental-impairment due to over-consumption of that which they think the driver has ingested. This “viewing” is not evidence, nor is it “proof” of any wrongdoing on the driver’s part. An experienced and caring Fort Lauderdale DUI defense team can fight this and win either an outright dismissal of the case, or at least should be able to exclude such “evidence” on one or more of a variety of grounds. Likewise, Fort Lauderdale DUI attorneys would be able to provide those services. For instance, if you did not actually and expressly refuse, yet are being charged with an “implied refusal”, then you should contact Musca Law right away. Implied refusals allow for several different defenses, and good Fort Lauderdale DUI attorneys can often make a motion to exclude them from either/both evidentiary hearings and/or court proceedings.

The Administrative Side

One of the tactics a competent and well-experienced Fort Lauderdale DUI attorney can take to help you is by knowing how to interact and interface between the alleged DUI driver and the administratively controlled bureaucracy. It is important to note that in the State of Florida, drivers have ONLY ten days following the date of their arrest to petition the court for a formal review hearing. At this hearing the sttornies can advocate for you and contest their license suspension. By NOT contesting the suspension, the State can and WILL suspend your license for up to 12 months, with 3 of those months barring you from driving at all. However, during a formal review hearing, your Fort Lauderdale DUI lawyers will work hard to set aside your refusal, based upon any/all legal grounds necessary, and will proceed to argue that (1) you never actually refused or that (2) you were confused by the dual readings of Miranda rights and refusal notice. Contact Musca Law today to protect yourself AND your RIGHTS to drive, and thus to avoid further sanctions on both the administrative AND the Criminal sides of the law.

What Happens After A DUI Arrest?, After you are arrested on charges of DUI, you are required to pay a bond for securing bail. You can pay the full amount of the bond or appoint a commercial bail bondsman to pay the sum on your behalf. If the latter is the case, you are required to pay a percentage of the bond money to the bondsman as a non-refundable fee. In case you pay the bond amount, you are liable to get a refund of the entire amount if you are acquitted by the Court. In case somebody other than the bail bondsman pays the amount, you are advised to have the individual assign the rights of the bond to you once he gets reimbursed. This entire process of assignment is conducted efficiently by a Fort Lauderdale DUI Lawyer.

After you are arrested, you will be notified through a mail about the date fixed for appearing at the Court. At the time of your appearance at the Court, you will be required to file a plea of either guilty, not guilty, or no contest. It is always advisable to plead not guilty as you may affect your chances of contesting the evidence, the right to file motions, and exert your rights. By pleading not guilty, you are entitled to be represented by an Attorney who will investigate whether your rights were violated by the Police. The Defense Counsel is given adequate time to investigate all that occurred prior to the arrest, so that they can defend the accused. An experienced Fort Lauderdale DUI Lawyer will proceed with the motion to suppress evidence before your DUI trial. The issues raised in the motion to suppress evidence include whether your rights were violated, the Police Officers had sufficient cause to arrest you, whether your statement was in violation of the Miranda Rights, or the samples of your urine or the breath test was properly conducted.