After practicing
DUI law in Orlando for over twenty years, the one legal question I get time and
time again is, “If I get pulled over in Florida for
DUI, should I take the breathalyzer?” Unfortunately, there is no simple
answer to that question.
I have heard some attorneys’ advice is that you that you should never
submit to a breath test, but that may not be the best answer for every
situation. While most people probably should refuse the breathalyzer after
an arrest for
DUI, there are times when it may be beneficial to you.
The best answer to this question is that you have to use
your common sense. If you have not been drinking take the test. The breathalyzer
can only measure alcohol in your system. If you have none in your system,
you are fine and the machine should register .00.
If you have only had one alcoholic beverage, it probably would be in your
interest to submit to the breath test. If you truly had very little to
drink then you should blow under the Florida legal limit of .08. While
any police officer could still arrest and charge you with
DUI, an aggressive, experienced criminal defense attorney is likely to have your
DUI not result in a conviction.
If you have had enough to drink that you are not sure if you should take
the breathalyzer, then you shouldn’t. If you are in doubt, then
you probably are over the legal limit. Of course, if you are feeling impaired
from drinking alcohol, it is best not to take the breathalyzer. By the
time you take the breath test, the police officer has already made the
decision to arrest you for
DUI. If you have had too much to drink, then refusing the breathalyzer may
be the best way not to give the State Attorney’s Office more evidence
to prosecute and convict you of a
DUI.
Unfortunately, most of these answers could have bad consequences with your
driver license. If you refuse the breath test, your driver’s license
will be suspended for this refusal for six months, if it is your first
refusal, and eighteen months for second and subsequent offenses. You can
also be charge with a crime if it is your second (or more) time refusing the test.
So, when it comes to asking, “Should I take the breathalyzer?”
The bottom line is always use your common sense before making that decision.
If you are ever charged with a
DUI, then hire an aggressive, experienced criminal defense attorney to fight
the charges against you.