What If I Refuse to Take a Breath Test?

In most situations, if you refuse to take a mandatory breath test, you cannot be forced to do so. However, a refusal is not without consequences. In Florida, you may lose your license for one year for your first refusal. For a subsequent refusal, your license may be suspended for 18 months. You also may face other consequences, such as jail time associated with committing a misdemeanor. In addition, you may incur loss of income or job loss resulting from court appearances and jail time.

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Police may have the right to administer a urine test when they believe someone is impaired, even if there are no obvious signs of impairment by alcohol. You have the right to refuse that test, with consequences similar to those of refusing a breath test.

Know Your Options, Know the Law

Police may have the right to administer a urine test when they believe someone is impaired, even if there are no obvious signs of impairment by alcohol. You have the right to refuse that test, with consequences similar to those of refusing a breath test.

If you are arrested on DUI charges, a police officer is required to tell you that if you refuse to take a sobriety test, your refusal can be used against you in court and may result in a suspension of your driver’s license. If you previously had your license suspended for refusing a chemical test, your subsequent refusal may count as a misdemeanor offense, and your license may be suspended for a longer time.

Implied Consent Law

Be aware that the state has the right to administer a blood-alcohol test if you are unconscious or if there is serious bodily injury resulting from an accident, whether or not you have been arrested. For detailed information on Florida’s implied consent law, visit the Florida Statutes Annotated 316.1932. Under Florida law, if you are arrested for a DUI, you have the right to request an independent blood test. If you do, the officer must make one available to you.

Field Sobriety Exercises Are Open to Interpretation

Field sobriety exercises, such as walking a straight line, are open to interpretation by a police officer. For example, an individual with a bad knee might stumble whether or not (s)he was drinking; a person who stutters might not speak clearly whether or not (s)he is under the influence of drugs or alcohol. Yet, these signs might appear to be drug or alcohol related.

An attorney can help sort through the facts, investigate police procedures, and help prepare a defense that safeguards your rights.

DISCLAIMER:  All data and information provided on this blog is intended for informational purposes only and does not constitute legal advice. For actual legal advice relating to your own specific circumstance, please contact a qualified attorney. The Daley Law Blog is provided by Daley Law for informational purposes only and contains opinions based on our viewpoint at a specific point in time. Our opinions and content may change in the future. All information is provided on an as-is basis. Daley Law makes no representations as to accuracy, completeness, timeliness, suitability, applicability or validity of any information on this site. Daley Law will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from this blog’s display or use.

 

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