Should I Take A Breath Test?

If you’ve been stopped for suspicion of DUI (driving under the influence) the police officer will likely ask you to submit to some testing. First, if he suspects you may have been drinking he may ask you to take some simple roadside sobriety field tests. These may include such things as standing on one leg, walking a straight line, or reciting the alphabet. These tests are rather subjective and the officer will simply use these tests as a way to decide whether you should be further tested or possibly arrested. Some people wonder whether they should agree to submit to a breath test – especially if they have had a couple of drinks.

Implied Consent

Florida has an implied consent law in place. In order to get your driver’s license you are agreeing to submit to testing if asked to do so by law enforcement. This testing may include breath, urine, or blood tests. Failing to submit to testing will result in separate charges that include an automatic suspension of your driver’s license for 6 months.  Additionally, failure to submit to testing can and will be used against you in your DUI case. Therefore, by failing to submit to testing you will actually get into additional trouble and it really won’t usually help you at all. Of course, you should always discuss this with your attorney.

What to Do If You’re Accused of DUI

First and foremost, it is essential that you don’t say anything incriminating to the officer. How you answer simple questions can have a profound effect on your case later on. You always must, however, be polite and agreeable to police. If asked to take field sobriety tests you can refuse, however, that may not always be a good idea. Depending on the circumstances, you’ll want to get in touch with an experienced DUI attorney as soon as possible. Request that your attorney be present for any questioning. Provide law enforcement with your identification and anything else they request. The punishment for a DUI conviction can be harsh and may include fines, jail time, and possible suspension of driver’s license.

Fighting DUI Charges

It is possible to fight and win against DUI charges. A knowledgeable DUI attorney will assist you every step of the way. Your lawyer will review all aspects of your case including your traffic stop, your arrest, and the results of any type of breath test you may have taken. Sometimes the arrest was handled improperly, the breath test was given incorrectly, or the results were analyzed wrong. An astute attorney will be able to find these errors and use them to protect your rights in your DUI case. The best results will usually be obtained when you get an attorney involved in your situation as soon as possible.