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Can I refuse a breath test if stopped for suspicion of DUI?

On Behalf of | May 19, 2016 | Breath Test Refusal

A breath test is a test administered to determine the blood-alcohol content level of someone suspected of driving under the influence. If the suspect is over the legal limit (in Florida, it’s a concentration level of 0.08 percent or above), there can be serious consequences. When an individual is pulled over for suspected DUI, sometimes the first instinct will be to refuse the Breathalyzer.

In the state of Florida, refusing a Breathalyzer can result in automatic license suspension. Any person who operates a vehicle is deemed to have given their consent to a breath test. This is referred to as implied consent. However, not everyone who is suspected of impaired driving is aware of the law regarding implied consent. The police should explain this to you before they request that you submit to the test.

Whether you submit to the breath test or not, if you are suspected and charged with DUI, you may face losing your license for a very long time. There are circumstances, nonetheless, where this may not be the case. Some things need to be carefully scrutinized to ensure the validity of the test. Perhaps, as mentioned above, you didn’t understand the concept of implied consent and it wasn’t explained to you, so you didn’t fully comprehend the consequences of refusing the Breathalyzer. It is even possible that the police officer who pulled you over didn’t have sufficient reason to do so.

When dealing with the consequences of breath test refusal, it is crucial to your defense that you are expertly represented by an attorney who knows how to investigate and best defend you. Even though it can result in license suspension, sometimes this can be prevented. By having an experienced attorney represent you, you stand a better chance of not having to suffer the loss of freedom associated with losing your license.