Are you refusing a breathalyzer in Florida?
Suddenly, a cop stops you because he says you were swerving. After drinking two beers before you got in your car, you are worried about the stop. You aren’t sure if you are legally drunk. You’re asked to take a breathalyzer test by the cop, and now you’re wondering if you can refuse. Is refusing a breathalyzer in Florida legal?
Implied Consent Law
When a driver in Florida requests a breathalyzer test, he or she gives implied consent to undergo the test. The fact that you own a driver’s license in Florida gives you consent to take a breathalyzer test. However, simply implying consent does not mean you have to consent to a breathalyzer in Florida.
What Happens if You Refuse to Take a Breathalyzer in Florida?
By driving in Florida, you agree to submit a breath or blood sample for any necessary testing. Refusal could result in the suspension of your driver’s license according to state law.
Refusal to take a DUI test may potentially be seen as an attempt to reduce the prosecutor’s chances of securing a conviction. However, there is no guarantee that this will result in any legal benefit for those charged with driving under the influence. The first instance of refusal results in automatic license suspension for one year, subsequent offences may result in 18-month suspensions as well as possible jail time.
Ineligibility for Florida’s Diversion Program
Refusing a breathalyzer test can make you ineligible for Florida’s Diversion Program, which could ultimately mean the difference between an increased and decreased sentence.
In the event of a first-time DUI conviction in Florida, dire consequences may follow: possible jail time and steep fines accompany this offense – not to mention the requirement for IID installation.
Pre-trial diversion offers a successful resolution for DUI charges. You may be sentenced to community service, attend a Drivers Intervention Program (DUI School), and even participate in Victim’s Awareness Programs. Payment of fines and costs associated with the programs is required but upon completion your charge will be dropped – allowing you to have it expunged from your record.
BAC of .08% or Greater
Operating a motor vehicle in the state of Florida with a Blood Alcohol Content (BAC) at or above .08% will be deemed legally intoxicated. This means that evidence from any tests administered can lead to the assumption that normal functioning was hindered due to the influence of alcoholic beverages.
Having a knowledgeable Miami criminal defense lawyer on your side is essential in obtaining the best possible outcome for any case. Refusing a breathalyzer in Florida can be damaging, so utilizing experienced legal counsel as early and often as needed may help you win justice.
The team at Nayib Hassan has successfully represented many criminal DUI clients in Florida – let us help you understand what options exist so that we may represent you too! Fill out this form or call (877) 234-6573 today if interested.