In Florida, refusing a breathalyzer test when pulled over on reasonable suspicion of DUI can have significant legal consequences. At Buda Law, we understand the anxiety and uncertainty of such a decision. This refusal activates Florida’s implied consent law, which can result in immediate penalties like license suspension and potential fines, regardless of whether a DUI charge follows.
Led by experienced Tampa criminal defense attorney Andrew Buda, our legal team is dedicated to helping you understand your legal options and protect your rights. If you’ve refused a breathalyzer in Florida, it’s essential to know what you’re up against and how to handle the situation with the right legal support.
Whether you’re facing a DUI conviction after refusing a breath test or want to know what to do when pulled over for a DUI, the Tampa DUI defense attorneys at Buda Law are ready to help. Call Buda Law at (813) 322-2832 to talk to a skilled criminal defense attorney today.
What is a Breathalyzer Test?
A breathalyzer test is a common method law enforcement officers use to measure a person’s blood alcohol content (BAC) level. It involves blowing into a small handheld device that analyzes the amount of alcohol in the breath. The device works on the principle of ethanol molecules in the breath reacting with chemicals inside the device, producing an electrical current proportional to the amount of alcohol present.
A breath test helps determine if a person is over the legal limit while operating a vehicle or engaging in other activities where impairment could pose a risk. A law enforcement officer often administers breathalyzer tests during traffic stops or field sobriety tests to enforce laws related to drunk driving and ensure public safety on the roads.
Can You Refuse a Breathalyzer?
When faced with a request for a breath test, individuals have certain legal rights, including the right to refuse. However, when a driver refuses to take a breath test, they can face severe legal consequences depending on the jurisdiction.
In some areas, declining a breath test can result in a mandatory license suspension, regardless of whether the driver was intoxicated. Other areas may impose enhanced penalties if the individual is later convicted of driving under the influence (DUI).
It’s important for drivers to be familiar with the laws in their jurisdiction before deciding whether or not to submit to a breath test.
Florida Breathalyzer Laws
Florida’s breathalyzer laws are outlined in Florida Statute § 316.1932, which governs the administration of breath, urine, and blood tests for determining blood alcohol concentration (BAC) levels in individuals suspected of driving under the influence.
Under this statute, drivers are deemed to have provided implied consent to submit to a breath test, blood test, or chemical test if a police officer has probable cause to believe that a person is operating their motor vehicle under the influence of alcohol.
According to Florida’s implied consent law, refusal to comply with a breathalyzer test can lead to a DUI arrest and other administrative penalties, including a one-year driver’s license suspension for a first DUI offense in Florida and an 18-month suspension for subsequent refusals.
Additionally, refusal of a breath test may be used against the individual in court proceedings, potentially resulting in harsher penalties for a Florida DUI conviction. However, Florida law also grants individuals have the right to challenge the validity of the breathalyzer test results and seek legal representation to fight these charges.
What Happens if You Refuse a Breathalyzer?
Refusing a breathalyzer test can lead to various legal consequences. One common penalty is the suspension of your Florida driver’s license. This automatic license suspension is often administered as an administrative penalty even before a court hearing. In addition to the suspension of your driver’s license, you may also face fines or other penalties.
Refusal to take a breathalyzer test can also be used as evidence of consciousness of guilt, potentially influencing the outcome of the case and leading to harsher penalties if convicted of driving under the influence.
What Happens if You Refuse a Field Sobriety Test?
A field sobriety test typically involves physical tasks like a one-leg stand or walking in a straight line and is designed to assess a person’s coordination, balance, and cognitive function. While the specific outcomes may vary, refusing a field sobriety test can lead the arresting officer to suspect intoxication, resulting in a potential DUI arrest and further investigation. Refusal to take a roadside sobriety test can also lead to suspension of the individual’s driver’s license.
If You Refuse a Breathalyzer, How Long Will Your License Be Suspended?
In Florida, refusing a breath test can result in a mandatory license suspension of one year for a person’s first DUI offense. For the second or subsequent breath test refusal, the driver’s license suspension can last up to 18 months.
Should You Refuse a Breathalyzer?
When confronted with the choice of whether to submit to a breathalyzer test in Florida, it’s essential to consider your options given the specific legal implications in the Sunshine State.
Florida’s implied consent law means that by possessing a driver’s license, you have automatically agreed to undergo a field sobriety test if the arresting law enforcement officer suspects intoxication. Refusing a breathalyzer can lead to immediate consequences, such as automatic license suspension and potential fines, regardless of whether you are eventually found guilty following your DUI arrest.
However, refusing to take a breath test might limit the evidence available to the prosecution, which could impact the strength of their case against you.
Good Reasons to Refuse a Breathalyzer
Refusing a breath test can sometimes be beneficial, depending on the circumstances of your Florida DUI charges. Here are some reasons why someone might consider refusal:
- Lack of Incriminating Evidence: Without a breathalyzer result, the prosecution may have less evidence to prove intoxication levels beyond a reasonable doubt.
- Questionable Accuracy: Breathalyzer devices are not foolproof and can produce inaccurate results due to improper calibration, maintenance, or operator error.
- Health and Medical Conditions: Certain health issues, like acid reflux, diabetes, or dental conditions, can affect the accuracy of a breathalyzer test.
- Legal Consultation: By refusing a breathalyzer test, you might gain additional time to consult with an experienced DUI lawyer before submitting to a chemical test.
- Penalties vs. Evidence: In some cases, the penalties for refusal, such as a license suspension, might be less severe than the potential consequences of a DUI conviction based on strong breathalyzer evidence.
It’s important to note that refusal to take a breathalyzer test can also lead to immediate penalties and might not always be the best course of action. Regardless of whether you refused the breathalyzer or not, it’s important to reach out to an experienced Tampa DUI defense attorney as soon as possible following your arrest to mitigate the potential penalties you face.
Do I Need an Attorney After DUI Breath Test Refusal?
After refusing a DUI breath test, it is highly advisable to seek legal representation. An experienced Tampa DUI lawyer can advise you on potential defenses that may be available given your refusal to perform the breath test and how this decision impacts your case.
An attorney can also represent you in administrative hearings for license reinstatement and criminal proceedings. Given the serious and potentially long-lasting repercussions of a DUI charge and/or breath test refusal, consulting with a knowledgeable attorney is incredibly important for securing the best possible case outcome.
Defense Strategies for Florida Breathalyzer Refusal Cases
In Florida, refusing a breath test can significantly influence a DUI case. When handling cases of breathalyzer refusal, one key strategy used by attorney Andrew Buda involves challenging the circumstances surrounding the traffic stop and arrest. This could include questioning the legality of the stop or whether proper protocol was followed during the arrest process.
Another common approach is to dispute the administration and reliability of any subsequent tests or observations of impairment used as evidence by the prosecution. The criminal defense attorneys at Buda Law also explore constitutional arguments, such as asserting that the refusal was a reasonable exercise of the client’s rights.
By meticulously analyzing each case detail and employing these strategic defenses, Tampa DUI attorney Andrew Buda ensures that his client’s rights are defended and that all possible legal avenues are explored to challenge breathalyzer test refusal evidence in DUI cases.
Call Tampa DUI Attorney Andrew Buda at Buda Law For a Free Consultation
If you are facing DUI charges in Tampa, Florida and refused a breathalyzer test during arrest, it’s crucial to work with a Tampa DUI defense attorney who can defend your rights.
By partnering with Buda Law, you ensure that your DUI case is handled with the utmost professionalism and dedication, maximizing your chances for a favorable outcome. Call Buda Law at (813) 322-2832 or reach out online to schedule a free consultation with an experienced DUI lawyer on our team today.