Close Menu

If I Am Stopped by the Police for DUI, Should I “Blow” or Not “Blow”? Take the Breath Test or Not?

This is probably the most commonly asked question of any DUI attorney; 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!”

Remember, the only sure way of avoiding the lifelong consequences of a DUI conviction is to not drink and drive!

However, if it is too late, do not make another mistake – hire an experienced DUI/DWI attorney to represent you and do it ASAP, don’t wait! You can contact us today at 800-373-8000.

The experienced Trial Attorneys at Meldon Law are dedicated to preserving the rights of the accused.


Pictured above – Dan Weisman, Jeffrey Meldon, and Carey Meldon have a combined 60 years of legal experience representing people in Gainesville, Florida and Alachua County, Florida accused of DUI/DWI and other criminal charges. They wrote the DUI Guide for Alachua County – Ways to Possibly Avoid a DUI Charge or Conviction. Request your free copy today.


This free no obligation book, written by a team of experienced DUI defense criminal trial attorneys, gives insight into what a DUI charge is, ways the State can prove the charge, and possible legal defenses.

Being charged and convicted of DUI is best avoided by not drinking and driving! This book also gives information on what it takes to be over the legal limit, how alcohol affects the body, plus much, much more!

Facebook Twitter LinkedIn