Criminal Defense Attorney Aaron Delgado Argues That Florida’s Implied Consent Law Violates Citizens’ Fourth Amendment Rights

RELEASED: January 13, 2016


The U.S. Constitution and Constitutional Amendments provide citizens with certain unalienable rights and protections and form the basis upon which our nation's laws were constructed. Among the most important of these rights are those detailed in the Fourth Amendment which preserves citizens' rights to be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." In order to ensure that these rights are respected and upheld, the Fourth Amendment established the legal requirements of probable cause and a search warrant before any searches or seizures can be conducted.

While frequently and successfully invoked in many criminal defense cases where law enforcement officials lack probable cause or fail to obtain a warrant, Fourth Amendment protections are frequently ignored in drunk driving cases with regard to a driver's right to refuse a breath, urine or blood test. However, attorney Aaron D. Delgado of Delgado & Romanik is hopeful that impending decisions by both the U.S. Supreme Court and Florida Supreme Court will benefit several of his clients as well as signal important changes to Florida's Implied Consent Law.

Last month, members of the U.S. Supreme Court agreed to rule in the matter of whether or not it's illegal for a police officer to obtain a breath test without a search warrant and whether a driver who refuses to submit to a blood alcohol content test can legally be charged with a crime.

Delgado is eagerly anticipating the Supreme Court's ruling on this matter which he believes will positively benefit roughly 50 of his clients. One of those clients is William Williams whose case will soon be heard by the Florida Supreme Court. Delgado maintains that Williams' Fourth Amendment rights were violated after he was arrested for a DUI and refused to take a breath and blood test. While the DUI charges against Williams were subsequently dismissed, he was convicted of a misdemeanor related to the breath and blood test refusals.

According to Delgado, barring a search warrant, a driver who is stopped on suspicion of drunk driving has the right to refuse to comply with a police officer's requests to submit to field sobriety tests and a breath, urine or blood test. This right, Delgado contends, is clearly outlined in and protected by the Fourth Amendment.

Currently, under Florida's Implied Consent Law, when a driver refuses to submit to a breath test, this information can be used against the individual in court. Additionally, a first refusal signals a 12-month driver's license suspension and subsequent refusals, an 18-month suspension. Drivers who refuse a test more than once are also charged with a criminal misdemeanor.

About Delgado & Romanik

The legal professionals at Delgado & Romanik fiercely defend against criminal charges including those related to DUI, assault, murder, manslaughter, drug possession, sexual assault, domestic violence and fraud. Our attorneys seek to protect an individual's rights and, when necessary, we welcome the opportunity to litigate matters in court.

Our attorneys understand the significant and negative impact that a criminal conviction can have on an individual's life and those of family members. We also understand that an individual is likely to have many questions, fears and frustrations with regard to specific criminal charges and the judicial process. Our attorneys are dedicated to educating, assisting and advocating for clients through every step of a case.

If you or a loved one is facing criminal charges, it's crucial to reach out to an attorney as soon as possible. Contact an aggressive criminal defense attorney toll free at 877-509-1400, locally at 386-492-8694 or visit us online at