Check this out...
As we all know, New Years Eve is one of the deadliest weeks of the year
on the roads. There is no question that law enforcement will be in full
force looking for
DUI suspects.
But now a new weapon is being used in the fight against drunk driving.
It's a change that could make you more likely to be convicted.
Florida is among several states now holding what are called "no refusal"
DUI checkpoints.
It means if you refuse a breath test during a traffic stop, a judge is
on site, and issues a warrant that allows police to perform a mandatory
blood test.
It's already being done in several Florida counties.
I ask if this is legal because you have a right to refuse to take a breath
test. While you will lose your driving privilege, you cannot be criminally
punished for refusing a breath test unless you have refused a breath test
previously and your driver's license was suspended for that reason.
I believe that the
Miami-Dade County criminal defense bar will fiercely attack this new policy.
The Law Offices of Eric M. Matheny, P.A. is a criminal defense firm that
serves Miami-Dade and Broward. Attorney Eric Matheny is a criminal defense
attorney exclusively. Call today to discuss your case.