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Clearwater Criminal Defense Lawyer > Blog > DUI Defense > Can I Refuse A Florida Breathalyzer Test?

Can I Refuse A Florida Breathalyzer Test?


If you were swerving while driving or displaying another behavior that led to a police officer pulling you over, it is possible law enforcement will want to proceed with a breathalyzer test. But if you are coming home from a party or dinner with friends and you had a couple of drinks at the event, you may want to refuse the test, because you are unsure if you are above the legal limit or not.  Refusing the test can lead to other complications.

A Florida DUI is not a charge to be taken lightly, reach out to a Clearwater DUI defense lawyer as soon as possible after an arrest. An attorney can’t start working on possible defense strategies until they understand the details of your case and you have officially retained them as your legal representative.

Implied Consent and Misdemeanor Offenses

There are implied consent laws in place in the state of Florida. For example, by possessing a state driver’s license, you are giving implied consent to comply with a breathalyzer test request. That said, there are situations in which individuals refuse to blow into the tube and have their breath analyzed.

Refusing to comply with a breathalyzer test request means your driver’s license will be suspended. The first time you refuse to take a test, a suspension of one year is likely. Subsequent refusals could lead to misdemeanor charges, possible jail time, and drivers license suspension of over a year.

Because of implied consent laws and the penalties for test refusal, refusing to take the test can lead to worse outcomes than taking the test in many situations. For example, there are diversion programs that could offer you a less severe penalty following a drunk driving arrest and refusing to comply with a breathalyzer test request means you are ineligible for diversion.

An Attorney Can Help You Achieve Better Outcomes

If you were worried about taking a breathalyzer test but did it anyway and blew over the legal limit, you should contact a skilled criminal defense lawyer without delay. You may have more options than you are aware of, particularly if the arrest is your first DUI offense. And if it is your second or third offense, you need an attorney to fight for the best possible outcome given your record and the details of your arrest.

Law is a wide field, you want a lawyer who has achieved desired outcomes for other clients in cases similar to your own. For this reason, a Florida DUI arrest requires the expertise of a Florida criminal defense attorney. To have a legal professional fighting your case, connect with a Clearwater DUI defense lawyer.

Did you refuse a breath, blood, or urine test after being pulled over for a DUI? Share your story with a dedicated Florida lawyer to learn what is possible given the details of your unique situation. Timing matters, reach out and talk to the legal team at King Law Group as soon as possible. Schedule your free consultation today.

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