Driving under the influence (DUI) in Florida is dangerous for the driver and everyone else on the road. Police often stop cars they suspect of drunk driving to keep the roads safe. However, police officers don’t always get it right when determining whether a person is under the influence, partly because many of the tests they use, such as field sobriety tests, are subjective. To build a stronger case, police may request a breathalyzer test from the driver.
Breathalyzer tests have their limitations, and different factors can affect their accuracy. You might have heard that it’s best to refuse a breathalyzer test, and while that can be true in some instances, it’s crucial to understand the legal consequences of refusing to blow.
If you or a loved one is facing legal issues for refusing a breathalyzer test, our husband-and-wife DUI attorneys at Fletcher & Fletcher are ready to back up your defense. Our team, led by attorneys Jenna Fletcher and Rick Fletcher, is here to provide the guidance you need throughout this challenging process.
This blog will discuss some things you should know about refusing to blow here in Florida.
Do You Have the Right to Refuse a Breathalyzer Test in Florida?
The short answer is not really. You can refuse to blow but there are consequences for doing so.
Florida follows an Implied Consent law, meaning that by holding a Florida driver’s license, you have agreed to submit to sobriety tests if requested by law enforcement.
By violating the law, your rights and privileges to drive can be suspended.
What Is the Implied Consent Law in Florida?
Implied Consent is outlined in Florida Statutes § 316.1939, which states that by driving in Florida, you agree to submit to state-approved chemical tests, including breath, blood, or urine tests, when asked to do so by law enforcement.
However, field sobriety tests—like the horizontal gaze nystagmus, the walk and turn, and the one-leg stand—are not included under Implied Consent law. Refusing these tests does not carry criminal or administrative penalties.
Should You Refuse to Blow?
Every situation is different, and refusing a breathalyzer is not always advisable. There may be circumstances where it’s better to refuse, but it’s essential to understand both the risks and potential benefits.
Consulting with an experienced criminal defense attorney is the best way to determine the right course of action. Our team at Fletcher & Fletcher can review your case and help decide the best approach based on your specific situation.
Is It Ever Better to Refuse a Breathalyzer?
There are instances where refusing a breathalyzer might be in your best interest, such as:
- If the arrest is unlawful: If a police officer lacks probable cause for the DUI arrest, the refusal might not be upheld in court. However, determining the lawfulness of an arrest during the heat of a DUI investigation can be challenging. It’s critical to seek legal counsel to evaluate your specific case.
- To limit evidence against you: Some people believe that refusing a breathalyzer will prevent DUI charges or convictions. However, this is not entirely true. Police consider multiple factors when making an arrest, including:
- Erratic driving behavior
- Failed field sobriety tests
- The officer’s observations of the driver’s behavior, such as the smell of alcohol or slurred speech
- The driver’s overall appearance
However, it’s important to remember that the State may even use a refusal to take a breathalyzer test as evidence that you were aware of your intoxication at the time. This can impact the outcome of a DUI case.
What Happens If You Blow Above the Legal Limit?
If you decide to take a breathalyzer and your Blood Alcohol Content (BAC) is 0.08% or higher, it will be used as evidence of legal intoxication.
Blowing a BAC above 0.15% can result in additional penalties, such as:
- Higher fines
- A mandatory ignition interlock device, even for a first-time DUI
- Ineligibility for some DUI diversion programs, including the DROP program in Pinellas and Pasco counties.
The potential for an enhanced penalties and disqualifications should be taken into consideration if you are deciding whether to blow or not to blow.
What Are the Consequences if You Refuse a Breathalyzer in Florida?
Under Florida law, refusing to submit to a breathalyzer test carries immediate penalties:
- A first-time refusal results in a 12-month suspension of your driver’s license.
- A second refusal leads to an 18-month license suspension and can be charged as a separate DUI misdemeanor, which could carry up to one year in jail.
If you find yourself facing these penalties, it’s essential to have an attorney with years of experience in the legal field to advocate on your behalf. Fletcher & Fletcher criminal defense is here to guide you through the process and protect your rights.
Steps to Take When Charged with DUI in Florida
If you’ve been charged with a DUI and your license has been suspended, there are steps you can take to challenge the suspension. You have the right to challenge your license suspension, but you must request this hearing within 10 days of your arrest. Acting quickly is crucial.
Our team can help you prepare for the hearing and build a strong defense to fight for the best possible outcome.
Contact Fletcher & Fletcher for Criminal Defense in Florida
When facing serious charges like DUI or refusing a breathalyzer test, having the right legal representation is vital. At Fletcher & Fletcher, Jenna Fletcher and Rick Fletcher are dedicated to helping clients navigate the complexities of Florida’s DUI laws. We serve the Tampa Bay area, including Pinellas, Hillsborough, Pasco, and Manatee Counties.
Call us today at 727 369-9850 for an initial consultation and let us help you protect your future.
*Disclaimer: This blog post is not legal advice. We highly recommend speaking with an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*
