Can I refuse a field sobriety test in Brevard County FL?

September 14, 2022 6:50 pm
Written by admingl
Categories: Brevard County FL | Drinking & Driving | DUI | Florida Laws | Legal Advice | Practice Areas

Implied consent laws are typically associated with forms of chemical testing, including but not limited to urine analysis, breathalyzers, and blood testing. However, the state of Florida, including Brevard County and Cocoa, do not include field sobriety testing under the umbrella of their implied consent laws.

What does this mean for residents of Cocoa and surrounding areas? It means that you have the right to refuse completion of a field sobriety test, at any time, for any reason, without running the risk of administrative penalty.

That said, there are considerations that must be weighed when making such a choice. For example, officers can still arrest you for a DUI if they have probably cause to believe you are operating a vehicle under the influence.

However, refusal of a field sobriety test could be in your best interest if you feel like the results of such as test may be used against you. For example, DUI cases lacking field sobriety test footage and/or notes rely more heavily on objective and subjective evidence to obtain a conviction.

Even if you’re innocent, several factors could cause you to fail a field sobriety test: being overtired, nerves/anxiety, naturally poor coordination, and more.

Tags: Breathalyzer, Cocoa FL, Field Sobriety Test

Categorized in: Brevard County FL, Drinking & Driving, DUI, Florida Laws, Legal Advice, Practice Areas

This post was written by: admingl

Brevard County, Florida Lawyer

Many of the clients that we represent for criminal charges in Brevard County have no prior criminal record. Certain professions require special state or federal certification such as doctors, lawyers, nurses, private and public school teachers, state and federal law enforcement officers and members of the military. Individuals in these professions face special challenges after an arrest and prosecution.

Even if the charges are ultimately dropped, those indirect consequences can have a huge impact on the individual's career and future employment opportunities. Similar problems impact individuals working as defense contractors or who are required to carry a firearm or use a concealed weapons permit for their employment.

Even high school and college students can face serious immediate consequences to their education after an arrest or criminal accusation. Our criminal defense attorneys work with these individuals to minimize both the direct and indirect consequences of an arrest and prosecution. We work with clients throughout Palm Bay, Rockledge, Titusville, Cocoa, West Melbourne, Indian Harbour Beach, and nearby areas.

The Florida criminal defense team at Germain Legal will zealously fight for their clients. We take an aggressive approach coupled with a meticulous attention to detail. We believe that by filing and litigating all viable motions we can often negotiate a better resolutions to the case or force the prosecutor to drop the charges. Florida law provides for important protections by filing motions to exclude evidence, motions to suppress statements, and motions to dismiss criminal charges.