Breath Test After Getting Arrested For DUI?When a police officer suspects that a driver is driving are under the influence, they will pull them over. The police officer will always request that the driver takes a breathalyzer test (or perform a field sobriety screening) to see if their BAL limit is above the legal amount allowed to operate (or be in charge of) a vehicle.
A Breath test is a standard method in Florida and across the United States. It is used to measure BAL (breath alcohol level). This is sometimes confused with BAC (blood alcohol content), which is measured with a blood test. A breath test is evidence that can be used against you in a court of law.
A driver has the right to say no and refuse to take a breathalyzer test when pulled over on suspicion of drink driving in Florida. Some drivers refused because they wrongly believe that this will, by doing so, they will not face DUI charges. However, it is important t be aware that a DUI refusal may result in consequences that outweigh the supposed benefits of refusal.
If you have been pulled over and accused of driving under the influence, call The Ticket Lawyers, and we can discuss the different options available to you. We offer a free consultation service, where you can speak to a qualified criminal defense lawyer who will explain your possible avenues for defense and our payment structure.
For legal advice or for more information, contact us today at 855-323-8488.
In data provided by the US National Library of Medicine, breath tests are carried out by simple devices that measure a driver’s breath alcohol content, more commonly known as breathalyzers. Law enforcement uses them to measure the driver’s alcohol intake level of impairment.
The way that these innovative devices work is by using infrared light to measure molecules of ethanol. Ethanol is the main ingredient found in alcohol and leaves residues in the mouth. It first takes a control test of the surrounding air to establish a baseline and then measures the suspect’s breath and compares the two. A Breathalyzer takes just one minute to give a full reading.
If any individual scores high on the test, they are placed under arrest and charged. Usually with a DUI. The police will then take a second breath test at the station, in addition to a blood test and urine sample, which are then used as evidence in court.
All drivers in Florida have the right to say no and refuse a sobriety test. During a lawful arrest, police will ask you to submit to a breathalyzer to test your BAL. If you choose to refuse, your license will be suspended, and if this is your second offense, you may be charged with misdemeanor crimes.
The consequences of refusal can outweigh the benefits. Florida has one of the highest refusal rates in the country, with nearly 80% of drivers refusing a breathalyzer test. While it may seem like you are taking away a key piece of evidence against you, a license suspension cannot be argued after you refuse.
According to Florida Statute 322.2616, you will have your license suspended for a period of one year if this is your first DUI or 18 months if this is your second. If you consent to take a breathalyzer test and you are shown to be over the legal limit of .08, you will face license suspension for six months for your first charge and one year for a second charge. If this is your second offense, you may face misdemeanor charges as well, and this could mean jail time.
Therefore, this means that refusing a breathalyzer test could result in worse consequences than you refuse.
No, refusing to take a breathalyzer test does not mean you cannot be convicted. The breath test is an important piece of evidence in many DUI arrest cases, but prosecutors have other means of proving a driver’s impairment.
Other evidence that may convict a driver under Florida law include:
The state of Florida allows an officer to ask a driver to take a breath test at two points:
The arresting officer will then proceed to request a warrant from a judge to take a blood and urine sample from you. If the sample reveals that your blood contains a concentration of alcohol, medication, or cannabis, you can be convicted based on this evidence and face losing your driver s license as well as other penalties.
Having said this, an experienced criminal defense attorney may still be able to present an argument in your defense and may be able to improve your chances of successfully beating a conviction with no breath test.
It may surprise you to learn that in roughly 40 percent of cases, DUI charges are reduced to lesser charges such as reckless driving. In some cases, charges are dismissed altogether.
However, there is no “one size fits all” tactic when it comes to a DUI case as it will always come down to the specifics of each case because no DUI case is the same. Prosecutors might be more lenient if this is your first DUI arrest or because it’s been more than ten years since your previous DUI offense. In other cases, the amount of alcohol in your blood when you were arrested could become a factor, or there might be other evidence that works in your favor.
A DUI case can be dismissed altogether because of any number of reasons, including lack of evidence, faulty breath test readings, or even a procedural error that led to a violation of your civil rights.
Even though it may sound like you have a fair chance of seeing your DUI charge dropped, it is important for you to know this is unlikely without the help of a criminal defense lawyer who specialized in these cases.
In the state of Florida, there are a number of legal defense options available to you if you are arrested and charged for a DUI refusal. In order to utilize all of these options to your advantage, it is important that you work with a skilled defense attorney.
The most common defense in DUI a refusal case involves determining whether the arresting officer violated the rights of the driver. Arresting officers must follow the laws regarding DUI procedures and testing. Offenders can argue in court that their rights were violated during the arrest in an attempt to have the DUI refusal and DUI charges dismissed or reduced.
In order to prove that an officer violated your rights would essentially mean that you will have to prove that they did not have probable cause to pull you over. This is a very difficult argument to make but can be possible when working with a skilled DUI defense lawyer.
A skilled attorney from The Ticket Lawyers will review all of the details of your arrest to determine if the officer has probable cause to pull you over. For example, were they performing roadblock stops or where they were following proper protocol at the time you were pulled over? If this argument is not applicable to you, there are some instances where you may be able to make a plea deal. Whatever the case, our attorneys are here to defend you and fight for the best possible outcome for you.
The biggest issue surrounding a guilty plea for a DUI refusal is that a driver who admits to this offense often faces severe consequences. If you are convicted of refusing a breath test, field sobriety test, or blood test, you may face steep fines, license suspension, and a permanent criminal record.
In your court hearing, there are certain things that could happen that could improve your chances and ultimately lead to your charges getting thrown out, for example;
Drivers in Florida and across the United States have a basic right to remain silent and to refrain from saying anything that can be used against them in court. The less the offender discusses with the police, the more likely it will be that an attorney can help them fight their charges and save their driver s license. It is crucial that you speak to an attorney as soon as you can after a DUI breath test refusal arrest to improve the chances of beating your charges.
Florida Statute 316.1932 states that all drivers under arrest are subject to sobriety tests by law. This is known as implied consent law. An arresting officer is legally required to inform a driver that by refusing to take a breathalyzer test or any other sobriety exams will result in a one-year license suspension. If this is your second DUI offense, you will face up to 18 months suspension and misdemeanor charges, which may include jail time.
Implied consent means that as soon as you drive a car in Florida with a valid license, you automatically agree to these laws. These laws are implied by your right and privilege to operate a motor vehicle. Drivers need to be aware that as soon as they get behind the wheel, they are subject to the implied consent law.
If you or a loved one have been charged with driving under the influence in Florida or refused to take a breathalyzer test, you should speak to The Law Place to discuss your options.
Our law firm offers a free consultation with a qualified criminal defense attorney who will go over the specifics of your DUI charges. We will always go over our fee structure before you agree to a contract, so you know exactly how much we are going to charge for our services.
We will strive for an attorney-client relationship is based on trust, and you can be confident that we will keep communications confidential, and our criminal defense lawyers will fight for the best possible outcome in your case.
For legal advice, call The Ticket Lawyers today at 855-323-8488.
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