If you are driving in Miami-Dade County and have been pulled over under the suspicion of a Florida DUI, you are NOT required by law to take a breathalyzer test. If an officer asks you to take a breath test, you may refuse to do so, but as a result of your refusal you will likely be arrested for a DUI in Miami.
It is important to note that by not taking the test, you will prevent the state from gathering any incriminating evidence against you. This means that when your Florida DUI goes to trial, there will be no breathalyzer evidence to demonstrate your level of intoxication. In a situation like this, your Miami DUI defense attorney may be able to beat your Florida DUI charge.
While some may argue that refusing a breath test is evidence of guilt, a Miami DUI defense attorney may be able to prove otherwise. In fact, juries do not always see a refusal as evidence of guilt, especially if you can offer a valid reason for your refusal.
Perhaps you were too confused to know what a breathalyzer test would signify. Perhaps you wanted to speak to an attorney before making a decision of this magnitude.
The fact is that refusing to take a breathalyzer test is not always evidence of guilt, and so it may be in your best interest to refuse a breathalyzer test. However, it is important to note that by refusing a breathalyzer, you also open yourself up to the strong possibility of mandatory temporary license suspensions.
If you have been pulled over under the suspicion of DUI in Miami, you probably have lots of questions about the implications of breathalyzer tests, among other things. To learn more, read our article I’ve Been Stopped For DUI in Florida – What Should I Do Next?
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.