Can You Refuse a Breathalyzer Test in Florida?
If you have been pulled over under suspicion of driving under the influence (DUI) in Florida, you may be facing the daunting question, “Should I submit to a breathalyzer test?” While your instincts might urge you to refuse, the decision isn’t as simple as a straightforward “yes” or “no.” Here is what you need to know about Florida law and the consequences of refusing a breathalyzer test.
Understanding Implied Consent in Florida
Driving in Florida is considered a privilege, not a right. By obtaining a driver’s license, you essentially agree to follow the implied consent law. Under this law, if a law enforcement officer asks you to take a chemical test such as breath, urine, or blood test, you must submit to it.
If you refuse to take a Breathalyzer test in Florida, you may be subjected to penalties including the following:
- First refusal: A one-year driver’s license suspension
- Second: 18-month driver’s license suspension, up to one year in jail and a $1,000 fine
The consequences are more severe if you hold a Florida commercial driver’s license. You may get your license suspended for one year, whether or not you were driving a commercial vehicle when you were stopped for the test. In the case of a second refusal, your commercial driver’s license may be suspended for a lifetime.
What Counts as a Refusal?
Refusing a Breathalyzer isn’t always as direct as saying “no.” Certain behaviors or circumstances may also be classified as a refusal, including:
- Incomplete Samples: If you attempt the test but fail to provide two sufficient samples within the required timeframe, this may be recorded as a refusal.
- Inconsistent Samples: Providing two samples with results that differ significantly and refusing a third test.
- Hostility: Acting aggressively or uncooperatively toward law enforcement may lead to a refusal determination.
Even accidental actions, such as language barriers or misunderstanding instructions, can be interpreted as a refusal. In such cases, a skilled DUI attorney can argue your case by highlighting these nuances.
Reasons Drivers Refuse Breath Tests
Some of the reasons drivers refuse a Breathalyzer test include the following:
- Mistrust in the device: There have been cases of inaccurate breathalyzer readings due to calibration errors.
- Legal strategy: Some claim their attorneys advised them never to consent to a breath test.
- Preference for alternative testing: Drivers may opt for a blood test instead, believing it to be more accurate.
- Medical concerns: Conditions like anxiety or breathing difficulties can make the test challenging.
How a DUI Attorney Can Help
Facing DUI charges can feel overwhelming, especially if a refusal is involved. An experienced attorney can explain your rights, challenge evidence, represent you in court, and work to minimize the impact of penalties. Additionally, they can help you appeal the refusal or suspension, presenting grounds such as medical issues that made taking the test difficult, language barriers that hindered understanding, or the officer’s misconduct during the testing process. With their expertise, you may be able to challenge the charges and minimize the consequences successfully.
Legal Help Is Available
Refusing a breathalyzer test is a gamble. While it might limit evidence against you, it could also bring several penalties. If you are facing DUI charges in Florida, our experienced Orlando DUI lawyer at Joshi Law Firm, PA, can help. Call us today at 844-GO-JOSHI or contact us online to schedule a consultation.
