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What Happens If I Refuse to Take a Breathalyzer Test in Florida?

In the state of Florida, it is illegal to refuse a breath, blood or urine test if a law enforcement officer has probable cause to believe that you were driving under the influence (DUI) of alcohol or drugs. If you do not consent to blood-alcohol testing under these circumstances, you would be in violation of the state's "implied consent" law. This law states that driving is a privilege, not a right—which means that you must consent to these terms upon your application for a Florida driver's license.

While an officer cannot force you to comply with chemical testing, they must inform you that you will face automatic legal penalties if you refuse. For a first-time refusal, your driver's license could be suspended for one year. For a second or subsequent refusal, you could be charged with a misdemeanor and stripped of your driving privileges for 18 months. It is also important to understand that refusing to take a breath, blood or urine test will not shield you from a DUI arrest. Although the prosecution would not be able to use physical BAC evidence against you, they could argue that you refused to take the test because you knew that you would fail.

For this reason, it usually won't help your case to refuse a chemical test. Fortunately, failing a field sobriety test or breathalyzer test doesn't have to be the end of your case. With the help of a Miami DUI defense lawyer from Seltzer Mayberg, LLC, you can examine, and possibly challenge, the validity of your BAC test results. There are numerous ways that a skilled criminal attorney can discredit the prosecution's case, so you should not hesitate to fight back before it is too late. Contact our firm today at 1-305-330-1336 or submit a free case evaluation form online to learn more about how we can help.

Categories: Criminal Defense, DUI
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Seltzer Mayberg, LLC - Miami Criminal Defense Lawyer
Located at 12550 Biscayne Boulevard, Suite 901 Miami, FL 33181. View Map
Phone: (305) 330-1336 | Local Phone: (305) 444-1565.