Can I Refuse a Breath Test in Florida?

Implied Consent & DUI Breath Tests

In Florida, drivers who are suspected of driving under the influence (DUI) will likely get asked to submit to a breathalyzer test. A breath test measures blood alcohol content (BAC) by determining how much alcohol is present when a person exhales into the device.

Contrary to popular belief, Florida drivers are required to take a breath test upon an officer’s request.

According to Florida Statutes, Section 316.1932, any person who operates a motor vehicle is deemed to have given their consent to submit to an approved chemical test or physical test including, but not limited to, blood, breath or urine tests for the purpose of determining the alcoholic content of their blood or breath.

Simply put, a person who gets behind the wheel is automatically giving their implied consent to take a breath test should they get pulled over for DUI. If they refuse to submit to a blood, breath or urine test, the following penalties may apply:

  • 1-year license suspension
  • Misdemeanor charge & 18-month license suspension for previous implied consent violation(s)
  • Stiff fines
  • Possible jail time for multiple refusals

How Can I Beat a DUI Charge?

Even if you were sober at the time of your incident, you must abide by an officer’s request to take a breath test. There are no laws that protect you from complying with a police officer in this situation. You may believe the officer did not have a reasonable suspicion to pull you over, which an attorney can argue in court. But frankly, a judge is more concerned about your violation of Florida’s implied consent law.

Thus, if you are accused of a DUI involving a violation of FL implied consent statutes, hire an experienced Miami DUI defense lawyer to protect your best interests and defend your case. As a proven former prosecutor with 30+ years of experience, I, Jonathan Blecher, have what it takes to help you come out on top.

Let me help you put your DUI charges behind you. Contact (305) 707-0036 today!

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