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Tougher D.U.I. Penalties

January 20th, 2016 by flanews

Driving Under the Influence could be getting more costly under a new bill in the Capitol. As Matt Galka tells us, a new proposal could make people think twice about refusing a breathalyzer.

More than 80 percent of Floridians arrested for Driving under the influence refuse breath tests according to a national highway traffic safety study.

Senator David Simmons bill aims to discourage that.  His proposal would hit drivers with a minimum 500 dollar fine and six months of probation on top of an already suspended license for refusing the test. It was set to go before a Senate committee, but that was put on hold temporarily.

A DUI attorney we spoke to said that if you’re pulled over, you have every right to refuse the breathalyzer test. He questioned whether or not the bill was even constitutional.

Attorney Fred Conrad says people busted for DUI can’t even speak to a lawyer before their license is suspended…and the bill would take away the only choice they have.

“It just seems to fly in the face of the spirit of the 4th amendment, that you can be pulled over and be forced to give evidence against yourself,” said Conrad.

The bill also could make it a misdemeanor for someone to refuse a breath test if they’re arrested again.

“The solution should be requiring that the individual take the test to determine if they have an alcohol or drug dependency and try to cure and solve that problem,” said Sen. Simmons (R-Altamonte Springs).

The bil. sponsor says he expects the bill will be taken up again within the next week.

A repeat offender would be required to have a breathalyzer device installed in their vehicles and would need to pass in order to drive their car under the bill.

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