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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 South Florida 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.