When a person is arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages (DUI), he or she will often be asked to take a Jacksonville DUI Breath Test. If a driver refuses to take a Jacksonville DUI Breath Test, he will lose his license for one year (for a first refusal). In some circumstances, the driver will recant and choose to take the Jacksonville DUI Breath Test. The Florida Fourth District Court of Appeals addressed this issue in Larmer v. State, Dep’t of Highway Safety & Motor Vehicles, 522 So. 2d 941 (Fla. 4th DCA 1988).
In Larmer, the Defendant was arrested for DUI in Florida. A police officer advised him of Florida’s Implied Consent Law. Then, he asked if Lamar would take a breathalyzer test. The officer advised him that he would lose his license for one year if he refused. The defendant refused to take the breathalyzer test until he spoke with his employer or an attorney. He spoke with his employer only minutes later and told the officer that he wanted to take the breathalyzer test. The officer refused his request, and his drivers license was suspended.
This Florida court found that Lamar’s “pretraction of his initial refusal came moments after that refusal, while petitioner was continuously in the presence of the police officers, and in circumstances where no inconvenience would result by permitting him immediately thereafter to take the test that would produce the evidence that is the object and intent of Florida’s Implied Consent Law.” Therefore, the order suspending petitioner’s license was quashed.
If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, it is important to discuss this Jacksonville DUI charge with a Jacksonville DUI Lawyer. Every case is different, and the law in Lamar may or may not apply to your case.