Did You Refuse The Breathalyzer Test?
People who are stopped on suspicion of driving under the influence (DUI) will frequently be asked to take a Breathalyzer test as a way for the officer to determine if they are legally intoxicated. The driver has the right to refuse to take the test, but he or she faces significant consequences for doing so.
Florida’s refusal law applies to all tests designed to determine a person’s blood alcohol level, including breath, blood and urine testing. If you refuse to submit to the Breathalyzer test, your license will automatically be suspended for one year. If you have previous refusals, the suspension will be 18 months. In addition, your refusal to submit to the test is admissible as evidence in your DUI case.
Is It A Good Idea To Refuse The Breathalyzer Test?
Depending on the circumstances in your particular case, you may have good reason to refuse the test. If you have been drinking and you know you will fail the test, especially if you have prior DUI convictions on your record, refusal may be in your best interests. It deprives the prosecutors of key evidence and forces them to prove their case on other grounds.
At the law firm of The Holman Law Firm, our Pensacola lawyers handle Breathalyzer refusal cases throughout the Northwest Florida Panhandle. Our complete understanding of the laws that govern these cases allows us to provide much more effective representation in the process of building your DUI defense.
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