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Breath Test Refusal Archives

Does A Controversial Flier Correctly State The Law For DUI Stops?

Our firm regularly advised clients regarding their rights when it comes to DUI stops. For that reason, people regularly turn to our firm for guidance on many of the ideas floating around the internet about DUI stops. In one case, however, good old-fashioned print media is at issue.

Breathalyzer test refusal law in spotlight

The implied consent laws of Florida are relatively well-known and easily understood. A driver under suspicion of DUI currently has the right to refuse a Breathalyzer test without facing serious fines and penalties. In fact, the greatest threat posed to individuals that refuse a Breathalyzer test is the automatic one year suspension of their driver's license. Unfortunately, new interest in revamping these laws may lead to significantly larger penalties including fines and points off the offender's driver's license.

Life doesn't end after a breath test refusal

Individuals facing a DUI charge or conviction may also be facing the possibility of a 0.08 breath test result hanging over them for a long time. Sometimes the fear of having an over the limit reading prompts individuals to refuse a breath test. While this may be the recommendation of most, even a refusal can lead to an automatic suspension of your driving privileges in the state of Florida. Fortunately, there are ways to protect your rights even after a breath test refusal.

Can I depend on an over-the-counter BAC test?

Individuals suspected of driving under the influence of alcohol may be subject to one of the many common types of BAC measurement. Blood, urine and saliva can all be used to measure the blood alcohol content of a driver, but none are as commonly used as the Breathalyzer.

Before a breath test stop and think

Most people that have been pulled over for suspicion of DUI can attest to the fact that no matter if you're guilty or not, the situation is scary. Many times, the simple possibility of being in trouble with the law can lead drivers to say and do things they normally wouldn't. Before drivers incriminate themselves with a Breathalyzer reading, they should stop and think about how a strong defense attorney can best serve them.

What is a No-Refusal weekend?

While holiday weekends usually mark an occasion for people to get together and have a good time, in some states holiday weekends mark an occasion for officers too. These eventful weekends are called no-refusal weekends and are usually reserved for big drinking holidays like St. Patrick's Day and the Fourth of July. The success of no-refusal weekends has some authorities pushing to make it a full-time program.

Read the fine print before you drink

Few events are more significant to a teenager than receiving your license. After the studying and hard work, all the driving hours and asking for rides, you finally get that little plastic card that gives you the right to operate a vehicle. As we get older, and our lifestyles change, that little plastic card turns into something else. For Florida residents, it becomes the consent they might not want to give.

Can anything other than drinking affect a breath test?

So often we hear the complaint that after a breath test an individual is shocked they blew over the legal limit with only 'one drink' in them. Individuals charged with driving while intoxicated after consuming only a glass of wine with dinner or a beer with buddies often wonder how just one drink sealed their fate.

Why do police see a breath test refusal as a sign of guilt?

In the past few months, as well as at other times on our blog, we've talked a lot about breath test refusals. While we stand firmly behind the idea that you should refuse to take a breath test in order to give you the maximum chance at putting forward a good defense and protecting your rights, not everyone agrees with this belief.

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