What Will Happen if I Refuse to Take a Breathalyzer During a Florida Traffic Stop?
Many attorneys recommend that clients refuse to take a breath or blood test when they are accused or suspected of driving under the influence for the first time in Florida. If you agree to take the test and fail, you will lose your license. In addition, the prosecutor can use this evidence to prove that your blood alcohol level was above the legal limit at the time you were stopped. A score of .08 or higher on a blood or breath test is considered above the legal limit in Florida.
In the alternative, if you refuse to take a breath or blood test pertaining to your blood alcohol level, the following may occur:
- If you have never previously refused such a test, you may have your license suspended administratively for one year.
- If you have previously refused a test, you may be charged with a misdemeanor. This comes with a potential penalty of up to a year in jail.
- You will be permitted to drive for 10 days following the refusal and will have the opportunity to request a formal review hearing from the Department of Highway Safety and Motor Vehicles.
- The prosecutor will not have the results of the test to use to prove that you were driving under the influence at the time you were pulled over.
Whether you agreed to take the breath or blood test or not, every action that you take following a Florida DUI is crucial to the outcome of your case. For guidance when facing such an accusation, contact an experienced Gainesville DUI attorney today. Call our office to set up a free consultation to discuss your matter: 800-373-8000. When you call, ask how you can obtain a free copy of our guide, A DUI Guide for Alachua County – Ways to Possibly Avoid a DUI Charge or Conviction.