Can Police Charge Me With Breath Test Refusal Even if I Tried to Blow?
By Jonathan Blecher on March 6, 2017
According to Florida Law, any person who accepts the privilege of operating a motor vehicle consents to submit to an approved chemical test to check for illegal alcohol content or the presence of a controlled substance. Authorities use a breath or blood test for alcohol and a urine/blood test for drugs, but there is no requirement that the person must submit and register a breath alcohol reading (Florida Implied Consent Law). This is significant, since the state will attempt to offer evidence of “refusal” at trial, and will be damaging as the state will argue that the refusal constituted consciousness of guilt.
As any other evidence, the admissibility of it is judged by the standards of the following:
- Probative Value
A defendant is not required to submit repeatedly to breath test analysis until he or she provides a satisfactory result or try to urinate in a cup if she honestly can’t do it. All that is required is to submit to the best of his or her ability. It’s for this reason that many courts across the country that all that is required by law is that the subject submit to the test, not pass or fail it, if in fact the defendant legitimately attempted to take the test and could not do so for medical, physical or mechanical reasons.
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