Should I take a breathalyzer test if pulled over by the police?
- February 2, 2022 3:42 pm
- Written by admingl
- Categories: Criminal Defense | Drinking & Driving | DUI | Fines | Florida Laws | Legal Advice | Police | Practice Areas | Traffic Stop | Your Rights
Under Florida state law, if police officers suspect that you may be under the influence of a controlled substance and/or driving drunk, they have a right to both pull you over and request a breathalyzer test.
However, in Florida, it is your right to refuse submission to a breathalyzer. Whether or not this is advisable depends on your unique situation, and refusing to submit to a breath test does come with serious legal ramifications.
Florida’s implied consent laws stipulate that driving is a ‘privilege’ not a right. As such, those who choose to operate a motor vehicle in Florida are deemed to have automatically consented to a breathalyzer if asked to do so.
Consequences of Refusing a Breathalyzer in (city) include:
- You can be arrested for a DUI despite refusing to be tested
- Refusal of a breathalyzer will result in an automatic suspension of your driver’s license for a period of one year
- The suspension of your license can NOT be overturned even if charges against you are dismissed or dropped
However, the consequences of a DUI are even steeper, including a mandatory minimum 18-month suspension of your license a fine of up to $1000, and up to a year in jail for first-time offenders.
If you have been arrested and/or charged with a DUI, get expert help and advice from a leading criminal defense attorney. Call us today to discuss your options. Initial consultations are free.