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Do I Have to Take a Breath Test After a FL DUI Arrest?

Blog 2019 June Do I Have to Take a Breath Test After a FL DUI Arrest?
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Do I Have to Take a Breath Test After a FL DUI Arrest?

Posted By Stepniak & Park || 26-Jun-2019

After a DUI arrest, the police will ask you to take a breath, blood, or urine test to determine your blood alcohol content (BAC) level or how much drugs are in your system. Your BAC or concentration of drugs in your blood will be used in court to prove a DUI conviction.

But are you allowed to refuse this test? Although you can, refusal can result in serious consequences.

According to Florida’s “implied consent” law, any person who has a state driver’s license or operates a vehicle in Florida automatically consents to one or more chemical tests if he/she is lawfully arrested. For a DUI arrest to be considered lawful, law enforcement must establish probable cause to believe that a driver was driving a vehicle while intoxicated.

A first-time refusal can result in driver’s license suspension for up to one year. Drivers are eligible to get a temporary restricted license—for work-related or educational purposes—after completing a DUI substance abuse education course and submitting letters of recommendation.

A second or subsequent refusal can lead to driver’s license suspension for 18 months. In addition, a second refusal is considered a separate misdemeanor offense, punishable by a maximum one-year jail term and a fine of up to $1,000.

A driver may believe refusing a test can make proving intoxication challenging, a driver’s refusal can be used against him/her at trial. Even though refusal doesn’t prove a driver was under the influence at the time of arrest, prosecutors typically argue that refusal means the driver had something to hide.

If you have been arrested for a DUI in Daytona Beach,contact the Law Offices of Robert Stepniak today at (386) 253-4750 and schedule a free consultation.

Categories: DUI, Criminal Law

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Toll Free: (877) 256-4750
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    Daytona Beach, FL 32114
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