Breathalyzers are often wrong. Does this mean that it is okay to refuse to take a breathalyzer? This is a question that many of our clients commonly ask. The laws related to the Intoxilyzer machine, or Breathalyzer, and refusal to take a test are constantly in a state of flux and each case is different.
The police will never tell you that it's an option to skip the test. Instead they'll tell you about Florida's Implied Consent laws. The Implied Consent law basically says that by having a driver's license in Florida, a person implicitly agrees to submit to any testing required by law, mainly a breath test.
What the police won't tell you is that Florida law permits a first-time refuser to REFUSE to submit to testing one time without any criminal penalty — but still will potentially have DMV consequences with regard to your driver's license. If you have refused a breathalyzer, the lawyers at Private Counsel, LLC, can fight to protect your license so that you can keep driving. Call us now!
However, if you have a prior suspension for refusal to take a breath test on your license, you cannot legally refuse without committing an additional misdemeanor for second time refusal. This also carries with it an 18-month suspension through the DMV (with no subsequent BPO permit) vs. the usual 1-year refusal suspension.
Whether is it your first or second refusal, please call Attorney Douctre. He has vast experience with these types of cases.
Refusal of a Field Sobriety Test
The police call them "field sobriety tests," but they're not really tests — they are merely clues that the police use to determine whether there is probable cause to arrest a person for being impaired behind the wheel. The police use several different exercises to access probable cause to arrest drunk drivers:
- Horizontal gaze nystagmus or HGN (following the pen with your eyes)
- Walk and turn
- One-legged stand
- Finger-to-nose test
- Romberg balance (tilting your head back, closing your eyes and estimating the passage of time)
What people do not know and the police won't tell you, is that you may refuse FSEs without any license suspension! You should know that there are many reasons that people "fail" field sobriety "tests," including being nervous or having pre-existing health conditions. The truth is that the so-called "tests" are designed for people to fail. Many Americans are unable to do them while sober. Call us if you think your poor performance was not due to being impaired.
THINK ABOUT IT: If you experience a brain injury, you see a brain surgeon. If you get arrested for drunk driving, you contact Private Counsel, LLC. Contact the professional who is right for the job — the one with the experience, knowledge and skill to successfully handle a delicate matter like your case.
Contact a Kissimmee Area First DUI Defense Attorney
To get started on your case, call us at 407-849-2949. You may also contact us online to schedule a free and confidential consultation with an Orlando first-time drunk driving offense attorney.