Reader’s Question:

The arraignment for my DUI charge in Palm Beach, Florida was scheduled yesterday. The police officer didn’t show up at the hearing. Will my DUI case be dismissed and is it true that I should have refused the breath or blood alcohol test?

Kathleen

Palm Beach, FL

No, it is not true that you should have refused the breath or blood alcohol test. In Palm Beach, Florida, you must never refuse to submit to a chemical test. Even if your DUI charge is entirely dismissed, your driver’s license will automatically be suspended for one year pending a refusal to consent to a breath or blood alcohol test. Although a good DUI defense lawyer would attempt to refute an allegation of “consciousness of guilt” for refusing a chemical test, the prosecution will likely use your refusal against you and they would claim that your refusal was due to high blood alcohol content.

In regard to the officer not showing on court on your first court date, your DUI case will not be dismissed. That’s because a DUI is not considered a traffic infraction, rather a misdemeanor crime. Incidentally, the presence in court of the arresting officer is only required during the trial phase of your DUI case, not for your initial court hearing.

Tags: DUI, DUI advice, DUI lawyer