Implied Consent Law

As your Tampa DUI Attorney we are frequently asked, what is implied consent and how does it affect my DUI charge?

Breath Test Requirement

First, implied consent is part of one of the covenants you are required to follow as condition of being able to drive. In Tampa, if you have a driver’s license you have given your consent to submit to a breath or blood alcohol test (if there was an accident with serious injury or death) for the purpose of determining your alcohol content if you are arrested for DUI. Therefore, probable cause needs to exist to arrest you for DUI before an officer can ask you to provide a breath, blood or urine sample.

In the event you refuse to provide a breath sample, your driver’s license privileges will be suspended for one year for a first refusal, eighteen months for a second refusal. Additionally, if it is your second refusal you will be charged with a misdemeanor for failure to submit to a breath test.

Urine Tests

Also, in the event that a DUI arrest is made and law enforcement suspects that impairment is not alcohol related or maybe a combination of drugs or alcohol, they can request a urine sample to detect the presence of drugs. The urine test must go hand in hand with a lawful DUI arrest and must be administered at the central breath test or the local jail and the privacy of the person tested must be maintained.

If you are requested to submit to a urine sample it is important you contact a DUI lawyer at Pallegar Law, P.A. today. By law, you must be told that the same rules apply regarding license suspension for collecting urine as for failure to submit to a breath test. That is your license will be suspended for one year for a first refusal or eighteen months for a second or subsequent refusal. You will also be charged with a misdemeanor if it is your second refusal on a previously charged offense.

Blood Tests

In Tampa there are three ways law enforcement can force you to provide a blood sample to determine impairment by drugs or alcohol. The first, when obtaining a breath sample or urine sample is impossible or impractical. The second, mentioned above, is if there has been death or serious injury as a result of a DUI crash. The third, if the law enforcement officer requests blood and the person arrested for DUI consents to the blood drawer. This is known as voluntarily providing a blood sample.

Requirements for a Blood Draw

If a blood sample is requested or consented to as result of a DUI arrest, Florida Statute 316.1932 provides the requirements that must be followed. First, only a physician, paramedic, nurse or other individuals authorized to draw blood may draw blood. Second, you have the right, at your own expense, to request a specific individual authorized to do so to draw your blood. At Pallegar Law, P.A., we recommend that you refuse the voluntary request for blood.

If law enforcement fails to follow the proper protocol with obtaining a breath, blood or urine sample the evidence obtained after it maybe inadmissible in trial. It is important you contact an experienced Tampa DUI lawyer today at Pallegar Law, P.A. for a free case analysis related to the implied consent law in Tampa and your DUI case by calling us at 813-444-3912.