Getting stopped by law enforcement for a suspected DUI can be a stressful experience. One key decision you might face is whether to take a breathalyzer test. Understanding the implications of refusing can help you make an informed choice.
Implications of refusing a breathalyzer
In Florida, you have the right to refuse a breathalyzer test, but it comes with consequences. Florida operates under “implied consent” laws. By driving, you agree to take chemical tests if legitimately detained for DUI. Refusing a breathalyzer can lead to an immediate license suspension for one year for a first refusal and 18 months for subsequent refusals. Additionally, refusal can be used as evidence against you in court.
If you comply with a breathalyzer test in Florida and your blood alcohol concentration (BAC) is above the legal limit of 0.08%, you will face a DUI charge. The officer will arrest you, and the court can suspend your driver’s license. For a first offense, the suspension typically lasts six months.
You may also face fines, probation, community service, and mandatory DUI education programs. A high BAC could also result in harsher penalties, such as longer license suspension or mandatory installation of an ignition interlock device.
Taking legal action
Refusing a breathalyzer in Florida carries serious repercussions. It is essential to know your rights and understand the laws. If you find yourself in this situation, you may want to seek help from a legal professional who can provide guidance tailored to your circumstances. Always prioritize safety and make informed decisions when on the road.