DUI Dropped but my license suspended
2yrs ago I was arrested for DUI. From working 60hrs a week, on this night I had pulled off the road to rest w/car on w/air on. I fell asleep & was awakened by St. John's Sheriff. I was suspected of being under the influence & officer said I failed the field sobrity test. I expained I was extremely tired and the red eyes were from my job as as a sheet rock installer. I was charged w/DUI transported to jail where my breath test was .000 and .000. MY vehicle had been towed & my RX werefound during the inventory of my vehicle. With the breath test negative I was told to give a urine. I did, but the officer standing in the open door of the bathroom stated the sample did not feel the right temp. did not look or smell like urine. I was told to give another urine which I was unsuccessful in providing. I was then charged with a refusal.
I had no idea if the urine i provided would show my medication as being the source of my suspected impairment.
The officer sent my urine to be tested for (urine and medication). The results(which took 28 days )were positive for urine and no drugs in my urine. The DA dropped my DUI. I have the refusal on my DMV record. I have a new job that I cannot be insured because of this. What can I do?
1 Answer from Attorneys
Re: DUI Dropped but my license suspended
Hello: I just read your question. You need to challenge the classification of the "refusal" with Fla. Dept. of highway Safety and Motor vehicles. They may say it is too late...that the challenge should have been made within 10 days of the arrest. You can argue the case was dropped. I would appeal any ruling they give that is adverse. Don't take no for an answer.
Good luck. If my office can be of any assistance on this or other matters in the future, just call my office. Tom Rosenblum. Jacksonville
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