If a driver is accused by a Police Officer od Driving Under the Influence (DUI) in the Palm Beach area, that refusal sets off a negative set of chain-reactive administrative sanctions. The Courts and the Prosecutors have come up with such sanctions in order to rgwart drivers whom the Police believe to be under the influence, in such a way as to thwart YOUR rights under the Constitution of These United States. Without a suspected driver’s voluntary release of bodily fluids including urine, blood, breath, sweat, etc., the Palm Beach prosecutors would have a much harder, if not impossible, job of trying to prove by traditional means, such as walking, talking, counting, etc., that the driver was allegedly impaired. That can usually lead to a dismissal of DUI charges, but hefty penalties via administrative sanctions. Therefore, it is even the more imperative that a Palm Beach DUI lawyer, be consulted, because a refusal can lead to a host of consequences that can be life-altering for defendants.

How might a prosecutor use a refusal to submit to a blood test?

Police Officers, Prosecutors, and Judges all tend to view such a refusal as a sign of mental-impairment due to over-consumption of that which they think the driver has ingested. This “viewing” is not evidence, nor is it “proof” of any wrongdoing on the driver’s part. An experienced and caring Palm Beach DUI defense team can fight this and win either an outright dismissal of the case, or at least should be able to exclude such “evidence” on one or more of a variety of grounds. Likewise, Palm Beach DUI attorneys would be able to provide those services. For instance, if you did not actually and expressly refuse, yet are being charged with an “implied refusal”, then you should contact Musca Law right away. Implied refusals allow for several different defenses, and good Palm Beach DUI attorneys can often make a motion to exclude them from either/both evidentiary hearings and/or court proceedings.

The Administrative Side

One of the tactics a competent and well-experienced Palm Beach DUI attorney can take to help you is by knowing how to interact and interface between the alleged DUI driver and the administratively controlled bureaucracy. It is important to note that in the State of Florida, drivers have ONLY ten days following the date of their arrest to petition the court for a formal review hearing. At this hearing the sttornies can advocate for you and contest their license suspension. By NOT contesting the suspension, the State can and WILL suspend your license for up to 12 months, with 3 of those months barring you from driving at all. However, during a formal review hearing, your Palm Beach DUI lawyers will work hard to set aside your refusal, based upon any/all legal grounds necessary, and will proceed to argue that (1) you never actually refused or that (2) you were confused by the dual readings of Miranda rights and refusal notice. Contact Musca Law today to protect yourself AND your RIGHTS to drive, and thus to avoid further sanctions on both the administrative AND the Criminal sides of the law.

How to Avoid Appearing At The Arraignment, After your arrest under DUI charges, and after your release through bail, you will receive a Court Notice issuing you a summons to appear before the Court to plead guilty or not. This first hearing is called an arraignment. You are required to plead guilty, not guilty, or no contest. At this point, the State will not provide any information regarding any witness, Police report, video recordings, or medical reports relating to the case. If you appear on your own, you may be subjected to pressure from the Prosecutor Attorney.

In the absence of your Defense Counsel, the State Attorney will send all necessary documents to you, and prepare the case for future hearings. The Prosecutor will offer you a one-time deal for arraignment. Failure to accept the offer will result in more severe penalties in the future for the defendant. The defendant is deprived of investigating their own case and defense if they appear at the arraignment on their own. In these circumstances, the Court will try to settle the arraignment by applying pressure, so that they can reduce the burden of pending cases.

Those who are unfortunate to not have a Defense Counsel at the time of hearing their arraignment will have to withstand the pressure alone, unsupported of experienced legal techniques, and ultimately submit the case themselves. The only way to get out of the situation is to hire a West Palm DUI Lawyer to stand as your Defense Counsel. Your Attorney will then file a Notice of Appearance, and a written plea of not guilty. This avoids having to appear for the arraignment, and protects you from the pressure of the Prosecuting Attorney. The only way to avoid arraignment without knowing the State’s evidence against you is to hire a West Palm DUI Lawyer. The Defense Attorney will take all necessary steps to ensure that the defendant is not required to attend the first arraignment.