Pulled over for a DUI?: How Refusing to take the Breath Test Can Affect You

dui-123rfWhen pulled over for a DUI, the officer may ask you to submit to a breath test designed to indicate whether your Blood Alcohol Concentration is above the legal limit of .08. Technically, this test is optional in Florida and law enforcement can’t force you to comply without your consent. If you are aware of this fact, you may be inclined to refuse a breathalyzer after you’ve had a few drinks. However, it is important to consider the lesser known consequences of initial and subsequent refusals in the state of Florida.

While saying “no” to the breathalyzer deprives prosecution of tangible evidence of your intoxication, it does not guarantee you won’t be convicted of a DUI after the fact.  Your choice can be used against you in court where the State may claim your refusal indicated you were in fact, under the influence.

Refusing to submit to a breathalyzer in Florida can breed serious consequences. For instance, saying no to the test after getting pulled over for a suspected DUI the first time can result in getting your license administratively suspended by the DMV for up to one year. Second refusals result in 18 month license suspensions by the DMV. These suspensions are routine and separate from any sanctions the courts can impose if you’re found guilty of a DUI charge.

If you’re arrested for a DUI and refused to take a breath test in Tampa, you need to hire an experienced DUI attorney who can protect and defend your rights. Andrew Shafii, Esq. and Mustafa Ameen, Esq. are skilled former State prosecutors who gained useful knowledge of how the prosecution in Florida interprets evidence in DUI cases. Call The Law Office of Ameen and Shafii at 1-800-HELP (4357) for your free consultation today.

Image source: aijohn784 / 123RF Stock Photo

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