Breathalyzer Refusal In Florida

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If you are pulled over on suspicion of drunk driving in Florida, you will likely be asked by the police office to submit to a DUI breathalyzer test. This is meant to determine if your blood alcohol level is over the legal limit of .08, which would result in a DUI. However, you can refuse to take this test, with no criminal penalties. You should just be prepared to deal with some consequences, all of which are considered less serious than a DUI in the long run.

Know What Occurs After You Refuse the DUI Breathalyzer Test

If a Florida police officer asks you to submit to a DUI breathalyzer test and you refuse, you will likely be taken to jail for the night, just as you would if you took the test and got .08 or higher. You will also have your license suspended by the DMV, which is a civil offense that is much less drastic than the criminal offense of a DUI. Though having your license suspended is certainly a hardship, if you have been drinking and refuse the DUI breathalyzer, you will escape a criminal conviction that stays on your record for life.

How To Legally Drive After Your License Is Suspended

If you refuse a DUI breathalyzer test, you can expect your license to be suspended for one year. However, once you have completed 12 hours of driving school, you can usually get a business purposes license temporarily so that you can legally drive to work or school. If you take the DUI breathalyzer test and are found to be over the legal limit, you will also have your license suspended for a year, but it will be a criminal suspension instead of a civil one.  Whether or not you submit to a DUI breathalyzer test, you are encouraged to find a lawyer within ten days. This is because Florida has what is called a 10-day rule, which means that if you contact a lawyer during that time, he or she can begin trying to get your license back immediately, before it is officially suspended. Within these ten days, you will have a temporary permit to drive but after this window, your license will officially be suspended unless your lawyer can stop this from occurring. 

Contact a Lawyer Immediately

If there is no evidence that your blood alcohol level was over the legal limit, it may be easier for your lawyer to fight your case and get your license back, which is why many claim that refusing to take a DUI breathalyzer test can help you. However, even if you do take the test and get .08 or higher, an experienced attorney can typically assist you in fighting the conviction. This is because this tool is not always accurate, nor do police officers always follow the correct procedure when accusing a driver of a DUI. Allow a lawyer to help determine whether you have a strong case.  

If you are pulled over on suspicion of drunk driving in Florida, you will likely be asked by the police office to submit to a DUI breathalyzer test. This is meant to determine if your blood alcohol level is over the legal limit of .08, which would result in a DUI. However, you can refuse to take this test, with no criminal penalties. You should just be prepared to deal with some consequences, all of which are considered less serious than a DUI in the long run.

Learn more about Fighting Your DUI Charge.

Know What Occurs After You Refuse the DUI Breathalyzer Test

If a Florida police officer asks you to submit to a DUI breathalyzer test and you refuse, you will likely be taken to jail for the night, just as you would if you took the test and got .08 or higher. You will also have your license suspended by the DMV, which is a civil offense that is much less drastic than the criminal offense of a DUI. Though having your license suspended is certainly a hardship, if you have been drinking and refuse the DUI breathalyzer, you will escape a criminal conviction that stays on your record for life. 

How To Legally Drive After Your License Is Suspended

If you refuse a DUI breathalyzer test, you can expect your license to be suspended for one year. However, once you have completed 12 hours of driving school, you can usually get a business purposes license temporarily so that you can legally drive to work or school. If you take the DUI breathalyzer test and are found to be over the legal limit, you will also have your license suspended for a year, but it will be a criminal suspension instead of a civil one. 

Whether or not you submit to a DUI breathalyzer test, you are encouraged to find a lawyer within ten days. This is because Florida has what is called a 10-day rule, which means that if you contact a lawyer during that time, he or she can begin trying to get your license back immediately, before it is officially suspended. Within these ten days, you will have a temporary permit to drive but after this window, your license will officially be suspended unless your lawyer can stop this from occurring. 

Learn more on Getting Help with Your DUI.

Contact a Lawyer Immediately

If there is no evidence that your blood alcohol level was over the legal limit, it may be easier for your lawyer to fight your case and get your license back, which is why many claim that refusing to take a DUI breathalyzer test can help you. However, even if you do take the test and get .08 or higher, an experienced attorney can typically assist you in fighting the conviction. This is because this tool is not always accurate, nor do police officers always follow the correct procedure when accusing a driver of a DUI. Allow a lawyer to help determine whether you have a strong case.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

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