Refusing a DUI Breath Test in Florida
Whether or not to submit to a breath test after a DUI Arrest is a decision that must be made on a case by case analysis. It would be improper for a DUI Attorney to tell you whether to submit to the test without knowing your specific circumstances. However, a brief summary of the pros and cons of refusing a breath test result are listed below.
Refusing the Breath Test: The Pros
The big advantage of refusing a breathalyzer result is that the State Attorney will not be able to use a breath result against you. State Attorneys give great weight to the breath test results. They are much more likely to agree to a better deal or a reduction of your charge if there is not an unlawful breathalyzer result in your case.
Another advantage deals with the enhancements that come with a high breath result. If your BAC result is over a .15, then the State will seek enhanced jail time, conditions including an ignition interlock, and possibly extra jail. Refusing the breathalyzer eliminates the risk of a high blow and a correspondingly high punishment.
Refusing the Breath Test: The Cons
First, your license will be suspended for 12 months for a first refusal, or 18 months if you have previously refused to take a lawful blood, breath, or urine test. This administrative suspension comes from the DMV, or the Department of Highway Safety and Motor Vehicles, and has nothing to do with your criminal charge. If you have never refused to take a breathalyzer or other lawful test before, then you will be eligible for a hardship license in Florida after 90 days.
Contact a DUI Attorney in The Tampa Area Today
If you have been arrested or charged with a crime, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss your case. Ask to speak directly to a dui attorney.