Unless you are under arrest, you can refuse a breathalyzer test without facing legal consequences. If you are under arrest, however, refusing to submit to a breath and/or blood test to determine your Blood Alcohol Concentration (BAC) can result in a suspension of your driver’s license—even if you are never convicted of DUI.
In Florida, driving under the influence (DUI) is a serious offense with potentially severe consequences. When a law enforcement officer suspects a driver of DUI, they often administer a breathalyzer test to measure the driver's blood alcohol concentration (BAC). However, many individuals wonder if they have the right to refuse a breathalyzer test in Florida and what the implications of such a refusal might be.
Implied Consent in Florida
If you have a driver’s license, did you know that you already consented to submit to a blood or breath test? In Florida, as in many other states, obtaining a drivers license means that you give law enforcement implied consent to test your BAC if you are arrested under suspicion of DUI.
This means that when you refuse to take a breathalyzer test, you are technically violating the implied consent law, and there are consequences for doing so.
Consequences of Refusing a Breathalyzer Test
Refusing to take a breathalyzer test in Florida can have significant consequences, including administrative penalties and legal ramifications. One of the immediate consequences of refusal is the automatic suspension of your driver's license. In Florida, if you refuse a breathalyzer test, your driver's license can be suspended for a period of one year for a first offense and 18 months for subsequent offenses.
It's important to note that these administrative penalties are separate from any criminal charges you may face for DUI. Even if you refuse the breathalyzer test, you can still be arrested and charged with DUI based on other evidence, such as field sobriety tests or observations made by the arresting officer.
Challenging the Refusal
While refusing a breathalyzer test may seem like a way to avoid incriminating oneself, it's not always the best course of action. In some cases, refusing a breathalyzer test can actually make it more difficult to defend against DUI charges. Prosecutors may argue that your refusal to take the test is evidence of consciousness of guilt, which could be used against you in court.
However, it's essential to understand that you have the right to challenge the refusal of a breathalyzer test in court. Your lawyer can argue that the officer did not have probable cause to request the test or that your refusal was due to a legitimate reason, such as a medical condition that prevented you from providing a breath sample.
As an example, people with diabetes can exhibit some of the symptoms of intoxication when their blood sugar level is too low.
Seeking Legal Counsel
If you're facing DUI charges or have refused a breathalyzer test in Florida, it's crucial to seek legal counsel as soon as possible. An experienced DUI attorney can help you understand your rights, navigate the legal process, and build a strong defense on your behalf.
Our experienced criminal defense lawyers at Tinny, Meyer & Piccarreto, P.A. can help. We can offer the legal advice and services you need to make sense of your situation, understand the options available to you, and make decisions that can move you forward.
For more information, contact us today and request an initial consultation.
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