Many people have heard of and are familiar with the breath test as conducted by law enforcement at the time of a traffic stop where suspicion of driving under the influence is a factor. Many people have also heard the test can be inaccurate and unreliable. And then,...
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Breath Test Refusal
Drunk driving charges follow dunked car
When you are navigating the roads at night, you are not always able to see with the ease you have during the day. Sometimes there are no streetlights, other times a car may not have its lights on, and sometimes people wear dark clothes and nothing reflective to catch...
U.S. Supreme Court Permits Warrantless Breathalyzer Tests
Late in June, the Supreme Court established new legal parameters for testing the blood alcohol content (BAC) of persons suspected of drunk driving. Namely, they ruled that individuals may refuse warrantless blood tests and suffer no punishment, but that the refusal of...
Waiting to exhale
Getting pulled over for suspicion of DUI is frightening. If you haven't had a single drop of alcohol, you may be safe to agree to a Blood Alcohol Content test. Then again, you may not. This is why, even though you may be treated as if you have just admitted guilt and...
Florida personal injury attorney refuses breath test
It is a common enough offense that many people will allege to have been guilty of at some point, whether they ever faced charges or not. With alcohol being such a common part of our society's celebration, the decision to get behind the wheel of a car after drinking...
Can I refuse a breath test if stopped for suspicion of DUI?
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...
A strong defense at your DMV hearing
Many drivers are reluctant to provide officers with a breath test during a DUI stop in fear that it will lead to a criminal conviction. While this may typically be the recommended course of action, refusing a breath test may result in an automatic one-year suspension...
Is the penalty for a refusal worse for a second offense?
During a traffic stop, drivers under suspicion of intoxication may be so nervous that they forget their basic rights. Fortunately, part of the officer's spiel should be informing drivers of the penalty they may face for refusing a breath test. While the threat of...
What should I expect if I refuse a Breathalyzer?
No matter what it's for, being pulled over by an officer is stressful and scary. It may be even more so if you have been drinking. Fortunately, even if pulled over on suspicion of DUI, you have rights. Understanding your rights and knowing what to expect after an...
Sheriff refuses sobriety test and faces DUI
Many DUI defense attorneys will warn individuals who are stopped on suspicion of DUI against providing a field sobriety or breath test. They typically do this because it is easier for them to defend against the charge of DUI when there is not a field sobriety test or...