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June 26, 2008

Jacksonville FL DUI Breath Test

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Filed under: DUI lawyer Jacksonville Florida — author @ 4:01 pm

Reader’s Question:

I was so aggravated when I was pulled over by a police officer and was charged with DUI here in Jacksonville Jacksonville, Florida. The police officer took my driver’s license from me and issued me a notice of suspension after I took the breath test. Why did he do that if I am assumed innocent?

Archie

Jacksonville, FL

I hope my answer would not add to your aggravation. This is obviously unfair but unfortunately, the state of Florida permits it. If the police officer has a valid reason to believe a blood (or urine) test will have positive results, or if the breath test shows a result above the legal limit, he has the authority to confiscate your driver’s license right at that moment. Your driver’s license will also be suspended if you refuse any chemical testing.

You, or preferably your lawyer, must call the Florida DMV to schedule a hearing about your suspended driver’s license. This must be done 10 calendar days after the arrest or you forfeit your right to a hearing. It is also important to request an extension for your temporary license as hearing dates are often scheduled after the original expires.

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