Choosing whether to submit to a breath test or not can be a worrying decision. The results are not always accurate and blowing over the state's legal limit, 0.08 in Florida, can land you with DUI charges. However, breath test refusal can earn you automatic license suspension. Whatever your decision, however, the outcome can be challenged in court if it is not in your favor.
In Tallahassee, a Florida state representative was intercepted by police officers early one morning. The report alleges that he ran a traffic light after a period of erratic driving. According to one officer, there was a smell of alcohol lingering around the accused. However, the 30-year-old state representative explained that the odor had come from his friends who had been in his car.
As was his right, he declined to participate in a field sobriety test or a breath test. He was then arrested on suspicion of being under the influence of alcohol while driving and later released. In a public statement he states that he feels the situation has been misrepresented. However, he has also apologized that he is unable to give any further details for the time being.
If the accused is convicted of these allegations, it could have severe repercussions for his career. He was completely within his right to refuse a breath test. However, he will still need to fight the charges against him. When challenging a case like this, it is important to cover every aspect. If the police did not follow proper procedures, it can invalidate some of their purported evidence.
If you are in Florida and are facing the potential consequences of refusing a breath test, you must act with haste. At your hearing, you will have the chance to prevent your license from being suspended, or to apply for a hardship license. With knowledge and determination, you can greatly increase your chances of reaching a favorable outcome, and you need not do it alone. An attorney may be able to help you plan what to say and guide you through the process of challenging the charges against you.
Huffington Post, "Florida Republican Arrested For DUI After Leaving Taco Bell At 2 A.M. (UPDATED)," Janie Campbell, April 22, 2014