Suspended License question?

Question

I was pulled over for suspicion of DUI in Florida, Dec. 15th of 2007 and refused the breathalizer. Before any court hearing regarding this matter I was pulled over for a stop sign infraction on Mar. 15, 2008 and was arrested for driving w/ suspended Lic. My lawyer says that the judge is not forgiving regarding penalties for driving with a suspended lic. due to a DUI. My court date is this tues. Aug. 5th; So, QUESTION IS: Is there a difference in getting arrested for a Driving w/ susp. lic charge due to DUI charge and driving w/ susp. lic. charge due to refusal to submit to a breath test in Florida.(because, like I said, I had not gone to court yet for the DUI charge when I got the driving w/ susp. lic. charge and in Florida if you refuse the breath test your lic. is automatically suspended for a year). Also, What to you think my penalty will be if found guilty of driving w/ a susp. lic.(no priors)? Thank You Very Much

Answer 1

NO, your refusal is exactly the same as admitting to driving drunk... You need to read up on implied consent...  About every state is the same and like Trooper said, you are pretty much saying that you are guilty by refusing...  You don't have a 4th Amendment protection for driving under the influence... Driving is a privilege and you are able to do so at the leisure of the State in which you drive.

Answer 2

The difference is a state law called "implied consent".

Implied consent means you understand a test is required if you get stopped for DUI, and by way of your signature, you agree to provide that test.  Because you agreed and then refused, no hearing is necessary to suspend you license. It can be done as soon as you refuse the test.

It sounds like your attorney is familiar with the judge, he can advise ou on the potential penalty.

Answer 3

well if I understand your right, the difference is the judge knowing why you refused the breath test " DWI ". being arrested for driving while your license were revoked itself is not as bad but when the judge sees that you were driving after a dwi charge it's going to p**s him/her off because you are making a statement that I don't half to abid by the law. You will need a d**n good attorney.  Good luck !