The Consequences of Refusing Blood & Breath Alcohol Tests

If you are driving in the state of Florida you are expected to consent to alcohol testing in Florida as part of the privilege of driving. Testing of your Florida blood alcohol level, as well as testing for other intoxicating substances is a process often done when an officer suspects you of driving under the influence.

If you are stopped and arrested on charges of DUI you should contact a DUI attorney in South Florida for help with your case. There are many procedures that must be properly followed in a DUI arrest for it to be a legal arrest and charge. Many DUI cases are dropped due to improper procedure and Florida blood alcohol level testing.


Your Right To Refuse Alcohol Testing in Florida and the Consequences

Unless you are involved in a serious accident resulting in severe injury or death, you have the right to refuse a test of your Florida blood alcohol level. Even though Florida traffic laws state you are deemed to have given your consent to testing of your breath, blood or urine to determine intoxication, you do have a right to refusal.

Refusing Florida blood alcohol level testing does not come without consequences. If you refuse alcohol testing in Florida at any time, the Florida Department of Highway Safety and Motor Vehicles has the right to suspend your driver’s license for 1 year for a first refusal, and 18 months for subsequent refusals.

It is important to be aware that refusal of alcohol testing in Florida is evidence admissible in court. Most judges and juries will assume if you were not intoxicated and had nothing to hide, you would have accepted the testing of your Florida blood alcohol level.


Defending Against Charges of DUI with Florida Blood Alcohol Level Evidence

Even if your Florida blood alcohol level tests show you were above the 0.08 legal limit, there are still many defense options for your case. An experienced DUI attorney in South Florida should be your first resource in determining a defense strategy in the resolution of your case.

There are many arguments to be brought against the process by which you were arrested on charges of DUI. If the officer could not cite reasonable suspicion for the initial stop, or failed to follow proper procedure for the arrest, you may have additional leverage in your case in the form of improper stop or arrest.

Another common defense strategy used by an experienced DUI attorney in South Florida considers the type of assessment the officer used to determine intoxication. If you did consent to the alcohol testing in Florida, your attorney may be able to challenge the results by arguing the operation of the testing equipment. Many times it is found the officer was not properly trained to operate a breathalyzer, or the machine was not properly maintained.

When pulled over for DUI and asked to submit to testing of your Florida blood alcohol level, you must weigh the consequences of refusal against the potential incrimination the test results can provide. No matter your decision, a DUI attorney in South Florida can help you at all stages of your DUI case.