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DUI » DUI Testing » Breath Test Refusals

DUI Breath Test Refusals

A breath test will most likely be administered after a driver is arrested for driving under the influence in Tampa, Florida and in any other state. After the arresting officer has conducted field sobriety tests, observed the driver and taken other actions to establish probable cause, he or she may make an arrest and take the suspected drunk driver to the police station for further tests and questioning. After the driver is taken to the station, law enforcement will request that he or she submit to a breath test or blood test to determine the driver's blood alcohol concentration. Law enforcement is required at this point to inform the driver that refusing a breath or blood test will result have consequences. These consequences could apply with or without a criminal conviction.

A breath test is when police use a device called a breathalyzer. The breathalyzer can estimate a driver's blood alcohol content in order for the officer to determine if the driver was driving over the legal limit (0.08 percent). An exact blood alcohol content (BAC) cannot be reached with one of these tests, but it can be closely estimated. True BAC requires a blood sample analysis. Refusing a breath test will result in the automatic suspension of the driver's license, regardless of whether the driver is eventually found guilty of DUI in criminal court. This suspension is enforced based upon the fact that the driver is deemed to have given consent to breath or blood alcohol testing after a lawful DUI arrest. When you receive your driver's license in Florida and in all other states, there is a clause that states you give consent to be tested for alcohol or drugs if arrested for driving under the influence.

This is often referred to as implied consent. Even if you did submit to have a breath test, you have the ability to contest the results of the findings. You also have the right to request a blood test in replacement of a breath test in some circumstances. This may be because you would like greater accuracy when it comes to the evidence that will appear against you in a DUI proceeding. Because of implied consent laws, you are required to give consent to some sort of BAC test. If during your DUI arrest you refused to give consent to a breath test or any other form of field sobriety test, it is important to remember that you are not without defense. You still have the right to an attorney in your defense. Being charged with a DUI is not the same as being convicted of a DUI. An experienced lawyer can help you formulate a strategy in your defense if you refused a breath test.

Accused of refusing a breath test? We can help!

If you have been accused of a breath test refusal, a Tampa DUI lawyer can help you challenge these allegations. At Thomas & Paulk, P.A. we represent clients at DMV hearings held in regard to alleged breath test refusals. We may be able to successfully challenge a supposed refusal on the basis that the defendant actually did not refuse, that the defendant was unlawfully arrested, that law enforcement did not inform the defendant of the consequences of a refusal, or another strategy based upon the particular circumstances of the case. You need aggressive defense in your situation, and our firm can be the one to provide it. If this is the kind of representation that you are looking for then don't hesitate to seek the help from an experienced attorney from our firm today.

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