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Breath Test Refusal

On Behalf of | Mar 14, 2015 | Breath Test Refusal

Breath Test Refusal and what does that mean? If you are arrested for a DUI in Central Florida you are taken to the jail where a sample of your breath is requested to determine the alcohol levels. You do not have to take this test which would be considered a refusal.

A refusal can be used against you in your criminal case as consciousness of guilt, which means that you refused because you knew had you taken the breath test that the results would have been above an .08 which is the legal limit in Florida and most parts of the country.

If you have a breath test refusal the DMV will suspended the your driver’s license for a period of 1 year for a first breath test refusal and for 18 months for a second refusal.

If you this is your first DUI and you have never taken a breath test before you can be eligible for a hardship license if you refuse so that you will be able to drive to work, school, church and for other necessities.

Many people refuse a breath test because of stories regarding how unreliable they are and how they can produce a false reading. Other people refuse because they are already under arrest by the time they are asked to take a breath test and regardless of the blow they are still going to jail and will not be un-arrested.

Whatever your reason may be to refuse a breath test if you are arrested for DUI contact an experienced DUI attorney in Central Florida to walk you through the process.