The Law Office of Corey I. Cohen
Free Consultation Phone Answered 24/7
407-246-0066 or 888-390-8937
Hablamos Español

Can you refuse a breath test in the state of Florida?

One of the most important rights afforded to Americans by the constitution is the protection against illegal searches and seizures by law enforcement officers. In many cases, police must obtain a warrant before conducting a search.

Understanding this important legal protection, many people might think that police shouldn't be able to conduct a roadside breath test without first obtaining a warrant. After all, police are collecting evidence through this process. However, Florida's implied consent laws permit police to conduct a roadside breath test for blood alcohol concentration without a warrant.

According to Florida statute, people automatically consent to taking a breath test by driving a motor vehicle within the state's borders. As a result of this law, breath test refusal can amount to a misdemeanor charge. If a person is convicted of this charge, he or she automatically loses driving privileges for one year. Any subsequent refusal violations result in an 18 month license suspension.

One critical thing to note is that police officer conducting a traffic stop must notify drivers of the consequence for refusing a breath test. Failure to provide this warning before requesting a test could invalidate charges for refusal.

Returning to the question at hand: Can Florida drivers turn down an officer's request to take a breath test? Put simply, a person can refuse a breath test, but legal consequences are likely to follow.

Breath test refusal penalties can be added to any other charges that result from a drunk driving arrest. As such, it's critical to understand what legal options when facing legal penalties under these difficult circumstances.

Source: WestLaw, F.S.A. § 316.1932

No Comments

Leave a comment
Comment Information
Get Legal Help Now

Contact our firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

The Law Office of Corey I. Cohen
605 East Robinson Street, Suite 330
Orlando, FL 32801

Orlando Law Office Map