Refusel of breath test
In 1978 I had a refusal on a DUI charge. In July 1999 I refused to breath test. I went to court and recieved a 6 mos. suspension because I plea bargained and coped a plea of no contest. My DUI was treated as a first offense because under the statue it was over 10 years ago. I have been penalized by the DMSV with an 18 month suspension for refusal. I would like to know "if they cannot go back on the DUI charge that took place over 22 years ago how can they go back on the refusal which pertained to the same crime where the law was not written yet/"Thank you
1 Answer from Attorneys
Re: Refusel of breath test
The State of Florida can go back forever. There is no time period requirements and the Fla. Supreme Court has proclaimed that having a driver's license is a privilge NOT a right, therefore expost-facto laws (new laws applied to old convictions) are valid. Sorry, you have are just one of the MANY that have been screwed by the Dept. of Motor Vehicles.
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