Should I Refuse a Breath Test?

By Jonathan Blecher on October 29, 2015

If you should ever be pulled over for a suspected DUI in Miami, you will more than likely be asked to submit to a breath test
to measure your blood alcohol concentration (BAC). While under immense pressure and emotional distress, you may find yourself not knowing whether or not to consent. In many cases, it is wise to consent to a breathalyzer test as the penalties for refusal can be significant.

Under the statute of “implied consent,” by holding a driver’s license you have already agreed to submit to an officer’s request
for a chemical test, including breath, blood, and urine tests. These tests must be taken within two hours of an arrest for DUI.

Refusal of a chemical test can result in the following consequences:

  • Immediate license suspension for one year
  • Varying fines based on number of offenses
  • Possible jail time for multiple refusals

How Can I Beat a DUI Charge?

Even if you were to pass a chemical test, you can still be convicted of DUI. In Florida, a BAC of 0.08% is enough to convict a person, though it is not the only factor. The prosecution can build their case around your inability to drive or odd behavior at the time of the arrest. Since this is the case, the best way to fight a DUI charge is to hire an experienced and dedicated
Miami criminal defense attorney.

If you have been arrested for DUI, my firm, Jonathan Blecher, P.A., can provide you with outstanding legal representation aimed at securing an acquittal or dismissal of your charges. My firm is committed to aggressively defending clients throughout Miami and is eager to help protect your rights.

Contact my firm today to schedule your free case evaluation today.

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