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Charged with a DUI?

Whether you have been charged with a DUI, or you are simply looking to learn more about DUI law, you can read more about how we can help you here.

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Should I Refuse to Take a Blood or Breath Test?

Once you sign the back of your driver's license, you are agreeing to follow Florida's implied consent law. This means that any driver arrested on suspicion of driving under the influence must submit to a blood, breath, or urine test to determine their blood alcohol content. If a driver refuses to allow law enforcement to test their BAC, the driver will have immediate administrative action taken against their license by the Department of Motor Vehicles.

Will refusing a BAC test be in my favor?

When a driver is initially stopped for DUI, an officer may ask them to submit to a field sobriety test, which examines the motor skills of the suspected driver, or a breath test to check their BAC. Any tests that occur before a formal arrest are not legally mandated and can be refused politely. If you have already been arrested for DUI, the request made by a police over to test BAC is mandatory.

If you refuse to take a BAC test:

  • First refusal: One year license suspension
  • Second refusal: 18 month license suspension
  • Third refusal: 18 month license suspension

In addition to the automatic license suspension by the DMV, refusing to take a BAC can be used as evidence against you. The prosecution can claim that the reason you refused to take a breath test was because you were aware of your guilt.

Once arrested, a police officer will take away your license and issue a driving permit to be used for 30 days. During this time, you have the opportunity to challenge your license suspension with the DMV. It is important to know that the DMV hearing and the criminal trial are two completely separate instances, so the DMV suspension still applies even if criminal charges are dropped.

Since you will want to work with a DUI defense attorney following an arrest, take care of yourself by submitting to a breath test. A skilled lawyer may be able to apply one of the many applicable breath test defenses to your results, perhaps even being able to eliminate criminal charges against you.

If you are wondering how your DUI arrest may have been affected by the results of a mandatory breath test, Thomas & Paulk, P.A. can help. You have 10 days to take action in a DUI case, call our attorneys to get started on your defense.

Categories: Breath Test, Blood Test
Tampa DUI Defense Attorney Thomas & Paulk, P.A. Attorneys at Law