Should I Submit to a Breathalyzer Test?

DUI charges carry serious penalties in Florida, as in other states. Much public attention has been brought to drunk driving, making it one of the most common arrests in Florida. If you have been stopped for DUI do you know what to do? One very frequent belief is that you should refuse to take a breath test if stopped for DUI. Drivers in Florida agree to submit to breath, blood, or urine testing if requested to do so by a member of law enforcement. When you sign your driver’s license you are agreeing to the terms, including this requirement. The decision to refuse to take a breath test is ultimately your own choice. However, if you do refuse, keep in mind that you will be subject to some charges in addition to your original charges for which you were arrested.

Submission to Breath, Urine, or Blood Tests

By refusing to take these tests you will be charged and the result upon conviction is an automatic suspension of your driving privileges. In Florida, if you refuse to submit to these tests it is assumed that you were intoxicated. Depending on the circumstances, there may be reasons why you don’t want to take such a test. However, be aware that there will be consequences for your actions. In some cases a better approach is to request that you have your own tests completed. These are done in addition to the testing that is done through law enforcement. You will need to request these tests immediately as they must be completed within 4 hours. However, your attorney may be able to find some problems with the way the original testing was completed or with the way the results were analyzed. It is often a good idea to conduct your own testing so that this information can be used to help your attorney defend DUI charges.

What is the Legal Limit in Florida?

For drivers over the age of 21, the legal limit is 0.08. If you have a test result that is close to this number it is a good idea to have your own tests conducted. Law enforcement must administer the tests quickly. They may request a breathalyzer test at the scene of the traffic stop. If you are arrested they may require a blood test or a urine test. These tests may provide a more accurate BAC reading. A skilled DUI attorney understands how the tests should be administered and will review the details of your specific case to see if the tests and results are accurate. If there were any problems with the way the tests were given or in how the results were reviewed there may not be enough evidence to move forward with charges. Your lawyer will work to reduce or eliminate any charges against you.

Penalties for DUI Conviction

The penalties for DUI conviction in Florida are harsh. They include various punishments that may include jail time, fines, and suspension of your driver’s license. If this is your first DUI and there was no accident, no property damage, and no injury, the penalties may be less severe. Repeat DUI convictions include increasingly harsh punishment. Even if you are convicted of DUI, an experienced attorney will work to get you the lowest possible penalties in your case. Your lawyer knows that you will need to keep some driving privileges in order to maintain your job and will do everything possible to help you in that regard. When you have been arrested for a DUI it is best to discuss the situation with an attorney immediately. The advice of a skilled DUI lawyer will help you navigate the complex legal system and will defend your rights throughout your case.