One of the biggest questions asked after being pulled over and accused of driving under the influence is whether or not one has to blow into the breathalyzer. The answer is a simple no. You do not have to undergo a breathalyzer test.
However, there are consequences to saying no.
This article by a DUI defense attorney in Tampa with Inkelaar Law explains why you should or should not blow when pulled over.
Before you decide whether or not to blow into the breathalyzer, here are some facts you must keep in mind.
Florida, like many other states in the country, is an implied consent state. That means if you have the privilege to drive on Florida roads, you consent to certain tests, such as field sobriety tests and breathalyzer tests.
If you do not consent, there will likely be consequences to face. If you refuse once, your license will be suspended for 180 days. And if you say no for a second time, it will be suspended for three years.
Florida Statute 316.1932 states that a “chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages.”
Talking to a DUI defense attorney in Hillsborough County can help you determine what to do after you have been arrested and required to undergo a breathalyzer test.
The Florida DUI law presumes that you are guilty if your blood alcohol level is more than 0.08. That means blowing in the breathalyzer will guarantee your conviction. Our DUI defense attorney in Hillsborough County with Inkelaar Law states that blowing over .08 means that your chances of fighting against your conviction are drastically reduced.
The Supreme Judicial Court prohibits any policemen from drawing your blood without your consent, even if they have a warrant.
If you’ve been arrested for DUI, you have ten days to file a petition to the Florida Department of Motor Vehicles for a hardship driver’s license. It would allow you to preserve your driving privileges. A DUI defense attorney in Tampa with Inkelaar Law can help you file your petition.
If you haven’t been drinking alcohol, we suggest you blow into the breathalyzer. Refusing it could cost you your driving license for 180 days.
You must not blow into the breathalyzer if you have been drinking. As you’d be automatically considered guilty if your blood alcohol is beyond 0.08, it is better to refuse the test and establish a defense with the help of a DUI defense attorney in Tampa.
Is your driver’s license suspended due to DUI? The attorneys at Inkelaar Law may be able to help.
Give us a call today at (813) 535-5574 or complete our contact request form for a free consultation.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.