Refusing A Breathalyzer Test In Florida Could Send You To Jail Under Recent Law

Americans cannot really agree on much as of late, but, at the very least for now, it looks like most of us can generally agree that drunk driving is bad. Heck, even the individuals who don’t think try to be punished for running over an elderly woman crossing the road are inclined to change their tune if the driving force is drunk. So, while chances are you’ll not expect Florida — a state whose governor says it’s okay to use your automobile as a weapon against protestors you do not like – to come back down hard on drunk driving, that is exactly what one latest law does.

Known colloquially as Trenton’s Law, after Trenton Johnson, an 18-year-old who was killed by a drunk driver with a previous vehicular homicide conviction, HB 687 went into effect on October 1 and specifically targets repeat offenders. Now, as a substitute of 15 years being the utmost sentence for vehicular homicide or DUI manslaughter, anyone on their second offense can now be sentenced to as much as 30 years in prison. 

And do not think it’s any different in case you drunkenly kill someone with a ship, either. BUI manslaughter can be eligible for the brand new 30-year sentence. Moreover, first-time offenders can now be sentenced to as much as 30 years in the event that they knew or must have known they hit someone but did not stop or fled the scene. The brand new law doesn’t just goal repeat offenders — it also adds latest penalties for refusing a breathalyzer test. Under the brand new laws, you could possibly face fines, jail time, and even a license suspension in case you refuse a breathalyzer test in Florida. Here’s what you have to know.

The brand new law does greater than just add harsher punishments for repeat offenders. It also allows authorities to go after people suspected of drunk driving, even when it’s their first alleged offense. Before Trenton’s Law went into effect, refusing a breathalyzer test was treated as a civil infraction. Now, it’s treated as an actual crime that may be charged as a misdemeanor. That said, the cops are at the very least required to let people know the potential consequences that now include refusing a breath test. 

As a second-degree misdemeanor, refusing a breathalyzer test could lead to as much as 60 days in jail and a possible $500 superb, consequences that some should still find preferable to a DUI conviction. That said, a refusal also comes with an automatic 12-month license suspension — and good luck getting around in Florida without with the ability to drive. That 12-month license suspension can be only on your first breath test refusal. Refuse a second test, and it becomes a first-degree misdemeanor punishable by as much as a 12 months in jail, a 12 months of probation, and a $1,000 superb. Those that have previously had their licenses suspended for any reason and refuse a breath test can also have their licenses suspended for as much as 18 months.

So, while drunk driving (and boating) was already bad, you actually don’t desire to do it in Florida now. Sure, drive your automobile into as many protesters as you would like, but you higher be sober whilst you do it.