If you find that you have been pulled over for a Florida DUI, then NO, you are not required by law to take a breathalyzer test. In fact, you can refuse any roadside tests that an officer asks you to perform. But make sure that you do so politely and respectfully, because if you act belligerently, an officer can also charge you with resisting arrest.
Know that if you are arrested for a Florida DUI, and you refuse to take the test, you will be confronted with mandatory license suspensions. In addition, if you continue to refuse to take a blood alcohol test, you may be charged with a criminal misdemeanor.
If you choose to deny a roadside test, tell the officer that you will only submit to a chemical test at the police station. The law requires you to take a chemical test administered at the police station under Florida’s Implied Consent law.
For this, you can choose either a blood or breath test, and most attorneys will recommend that you choose a breathalyzer test. This is because breath tests are much less reliable than blood tests, and any discrepancies in the results can be used to challenge your DUI charges. If your Miami DUI defense attorney can prove that your breath test was administered incorrectly, or that the results show a bad calibration of the breathalyzer machine, then a judge may find it necessary to dismiss your Florida DUI charge.
On the other hand, there are advantages to choosing the blood test if you are 100% certain that your blood alcohol content (BAC) is below .08, as a blood test can help prove your innocence.
If you have recently been charged with a Florida DUI, there are steps to take which may help you to beat the Florida DUI charge. To learn more, visit our article I’ve Been Stopped For DUI In Florida – What Should I Do Now?
Contacting a Miami DUI Defense Attorney
If you are facing DUI charges in South Florida, your legal team is your best defense. Contact the Miami DUI defense attorneys at Falk & Ross to discuss your case – 877-663-5110.