Do I Have to Submit to a Breath Test?

If you’re stopped for DUI the police officer will likely access your condition and try to determine if you have been drinking. One of the first things that will happen is the officer will ask you to perform some field sobriety tests. Depending on the results, the officer may then request that you submit to a breath test.

In Florida, the law states that by obtaining your driver’s license you are agreeing to submission to DUI testing if requested by a member of law enforcement. This is called “implied consent”. The testing requested may be breath (breathalyzer), urine, or blood.

Refusing to Take a DUI Test

While you do have the ability to refuse to take a DUI test it may not be your best option. You may feel that by refusing to take the test the police won’t know for sure whether you were driving drunk and therefore they won’t be able to prosecute you. That is not necessarily the case. The police already may have some evidence that you were driving while intoxicated.

The fact that you refused to take the test will be used against you in court and it will be assumed that you refused because you were DUI. Also, refusal to submit to a DUI test will result in separate charges against you that are punishable with an automatic suspension of your driver’s license. It is in your best interest to speak with your lawyer before you make any statements or submit to any testing.

Fighting DUI Charges

It is possible to fight DUI charges, especially with the help of an experienced DUI attorney. Sometimes a DUI test was not administered or analyzed properly or the equipment could be faulty. An attorney who focuses on DUI defense will be able to review all aspects of the case and determine whether there were problems with the testing.

Your lawyer will also look at the traffic stop and arrest to ensure that it was carried out legally. If there were any problems with your arrest or with the testing itself your lawyer will likely be able to get your charges either lowered or dropped completely. It is best to get your lawyer involved as quickly as possible in order to get the best potential results.