Posts Tagged ‘Florida breathalyzer test refusal’

A Lawyer’s Input on the Refusal of Testing With A Breathalyzer

Tuesday, July 19th, 2011

When an individual commits the unlawful act of driving while under the influence of alcohol or drugs, one can always expect to be asked to submit in either a breathalyzer, blood test, or a urinalysis by an entity of law enforcement. If arrested after a field sobriety test, you will most definetly be asked to submit to a breathalyzer test by the arresting officer. If your not deathly ill from the alcohol consumed and need medical attention, be ready to get your breath ready because the cop will be attempting to conduct the breathalyzer.

If asked to participate with the breathalyzer test by the officer, and you decline it, you will have the have a suspension of your driver’s license for a year for the first offense, and eighteen months of suspension for the next offense if you have previously refused to participate with a blood, urine or breath test with the administered by a law enforcement entity. The next question he asks will be the same question again, to submit to a breathalyzer test.

However, what should you really do? If refused at the first time you are asked for consent, your driver’s license will be certainly be suspended for a period of time based on the number of previous offenses, if any are applicable. Also, the Department of Motor Vehicles (DMV) issues the actual suspension separate from the conviction charge, regardless if proved innocent or guilty. If an individual has never refused a breathalyzer test, they are eligible to possibly attain a hardship license within the state of Florida, after ninety days of the refusal. Secondly, the refusal to actually submit to the test could be used against an indvidual in the court of law as known guilt of driving while under the influence, which will usually be used against the defendant in court.

The best a person facing any DUI charges can simply use three things to help minimize the demeanor of the incident and possibly elude charges as a hold by if at all possible trying to stay away from refusing evidence, explaining the jury simple of your decision and reason as to why you did not participate in the test, and to also make sure the State Attorney stays within proper boundaries when arguing the individuals refusal of the test with the jury. A “Confusion Document” can sometimes come to help the defendant when they were improperly informed of the consequences that result from not participating in the investigation and also if the proper Miranda Rights were not recited as required.