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Q
If I am stopped by the police for DUI, should I "Blow" or not"Blow"? Take the Breath Test or not?

A

This is probably the most commonly asked question of any DUI lawyer; whether to take the Breath Test (BT) or not. Here are my suggestions:
Yes, Blow if: you have had nothing or very little to drink. Beware however, your judgment may be impaired, and you may feel sober and still be over the limit.
Don't Blow if: you have been drinking.  

Other Information:  

  • Florida law does not make it illegal to refuse to take the breath test. 
  • Florida law does not allow for a police officer to request that you take the BT unless you are under arrest for DUI.
  • Which means, even if you pass the BT, you are still under arrest and are going to jail, the officer cannot un-arrest you.
  • Breath Testing machines such as the CMI Intoxilyzer 8000, are not always reliable and have problems, why would anyone want to risk a DUI conviction based on a faulty machine and unreliable evidence.
  • There is a better chance of getting the case dismissed if there is no BT result and a person looks sober on the video.

 Why would you want to take a Breath Test if you are already under arrest?

  • If you have not been drinking, or have only had 1 or 2 oz's of alcohol, the BT results may be in your favor for getting the charges dismissed or pled to a lesser offense.
  • There are additional DMV and Criminal penalties for refusing to take the BT, especially if you have previously refused. 

Jeffrey Meldon Tip:  Remember, once you are under arrest you have the right to speak with your attorney! 

Jeffrey Meldon Tip:  A DUI conviction in Florida is serious! It is a permanent lifelong record that can never be erased and can affect many aspects of your life and cost as much as $20,000 in increased insurance premiums alone. 

Jeffrey Meldon Tip:  The best way to avoid a DUI arrest is to not drink and then drive!"

 

Carey Meldon
Florida DUI and Criminal Defense Attorney at Meldon Law