Refusal to Submit to a Breath Test

Refusing A Breathalyzer Test In Florida

The State of Florida is very strict on driving under the influence, requiring every driver to be under the legal limit, which for those over 21 years of age is .08 percent blood alcohol content (BAC). In order for an officer to determine your BAC if he/she suspects that you are under the influence, a chemical test of your blood, urine or breath must be administered. The most popular choice for officers to use as a first means is a breathalyzer because of its easy administration and quick results on the spot. However, many people choose to refuse to submit to a breath test rather than facing DUI charges. But choosing to refuse a breathalyzer test does not necessarily mean you will get out of DUI charges, and a refusal comes with its own set of penalties. If you are stopped riding your motorcycle while under the influence, 911 Biker Law can provide you with a traffic defense attorney in Orlando, FL.

What Is A Breathalyzer Test In Florida?

A breathalyzer is a breath test instrument used by police officers to measure, calculate and record the breath-alcohol level of a DUI suspect. There are multiple machines that can be used, but they all essentially work the same way. The suspect will be asked to blow into the apparatus, which will measure the amount of infrared light absorbed by ethyl alcohol contained in the breath sample. The machine is able to determine whether a person is over the blood alcohol content limit because the concentration of alcohol found in the alveolar air released from lungs is directly related to the concentration of alcohol in the blood.

What Are Your Rights If Asked To Take A Breath Test?

In Florida, you are required to take a breath, blood or urine test if you’re arrested for DUI due to the “implied consent” law. The law states that if an officer lawfully arrests you for having probable cause that you are driving under the influence, then you consent to taking a chemical test, since you willfully chose to take up the privilege of driving. The officer may also ask you to take more than one test which you cannot refuse. Since you cannot be physically forced to take a breath test or any other chemical testing, you can refuse, but not without penalties. If you are stopped at a DUI checkpoint rather than pulled over, an officer still has the right to request that you submit to a sobriety test if they suspect intoxication. However, the law in Florida states that officers cannot detain motorists in a checkpoint for more than three minutes, and they must have publically posted the date and location of the scheduled DUI checkpoint. Refusing to submit to a breath test does not guarantee that you will not be charged with a DUI, and it can even be used against you in court, which is why it’s important to have an Orlando traffic defense attorney by your side. If you were arrested for suspicion of driving under the influence and not asked to take a test, you have the right to ask for one.

Penalties For Refusing To Take The Test

Refusing a breathalyzer test or any other chemical test to determine your BAC does not get you out of trouble. Consequences for refusal may be more mild than those for a DUI, but you could still face serious penalties and still be found guilty for a DUI. If you refuse to submit to a test, your first offense will be an immediate mandatory one-year license suspension. Any secondary or subsequent refusals will be classified as a misdemeanor and carry the appropriate consequences, such as jail time and fines, along with a mandatory 18-month license suspension.

DUI Lawyers in Orlando, FL

If you were stopped while driving a vehicle or riding a motorcycle and arrested on a DUI charge, it is imperative that you get help from an experienced attorney. Contact 911 Biker Law, so that we can provide you with an Orlando DUI lawyer to fight to reduce or dismiss your charges.