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If you have been arrested in Clearwater for driving under the influence of drugs or alcohol, it is imperative that you know and understand the DUI Laws in Florida. Each state is different, and each one has slightly different rules and regulations regarding punishment or consequences. However, the one thing that is the same throughout all of the country is that you should never try to go through this process without the help of a skilled, local attorney.

DUI Laws: Implied Consent

Many Clearwater residents are under the assumption that if they get pulled over for driving under the influence, that they can refuse to take a breath, blood or urine test in order to protect themselves. However, Florida has an implied consent law, which essentially states if you are pulled over legally and the officer suspects you of drinking or being on drugs, you cannot refuse the breath, blood or urine test without some kind of penalty or punishment. Also, the officer has the right to ask you to take as many tests as they like. Just simply refused will result in you losing your license for 12-18 months and the refusal can, and usually will, be used against you in court. In addition, if this is not the first time you have refused to take the test, it can result in a misdemeanor charge. While you cannot be forced to take the tests, police officers can legally test your BAC if you are unconscious, before you have been arrested.

It is important to remember that your car doesn’t actually need to be moving for you to be arrested for driving under the influence. Clearwater DUI laws state that if you have control of the vehicle, even if you are asleep in the driver’s seat, the officer can arrest you.

Flint Law Firm

At Flint Law Firm in Clearwater, we know that many residents don’t drink and drive. And if you do find yourself behind the wheel of a car after having one too many, it is best to pull over, get out of the driver’s seat, and call a friend.

However, if you are arrested for driving under the influence of drugs or alcohol, hiring a local attorney who is familiar with Florida DUI laws will help ensure you receive a fair trial. Call us today for a free consultation at 727-483-8404