Ok I've read the original post three times.....were is the lie??
Lemme repost "implied consent"
Florida's implied consent law states that any person who accepts the privilege of operating a motor vehicle within the state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test. These tests include, but are not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages.
I have to edit this to add that the cops may have given these guys a way out by saying it's against the law to refuse a breathalyzer. It's against the law to refuse a BAT if you are a second time offender. First time offenders can refuse but it does come with conseqences as stated before.
If these cops did indeed tell these guys that it was "against the law to refuse a BAT" then a good lawyer will have grounds to dismiss the original charges based on coersion. I'm no lawyer but this one was bothering me so I did a shit load of research on it. There is case law out there stating this kind of circumstance and unfortunatley I can't find it!!
Additionally, Florida law stipulates that in DUI cases involving serious bodily injury or death, an officer may use reasonable force if necessary to require the driver to submit to the administration of a blood test. Even if you refuse, reasonable force may be used to draw blood for a BAC test under these circumstances.
__________________

Last edited by Shamus O'Toole; Nov 18, 2009 at 03:29 PM.