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Breath Test Refusal Archives

Can you refuse to take a breath test?

Florida residents who are pulled over and asked to take a breath test may wonder whether or not it's actually mandatory. Will you get into trouble if you simply refuse to take the test? While some people may think it's a good idea to refuse, it can actually be more trouble than a DUI charge on its own.

What are some different types of sobriety tests?

Drivers in Florida are subject to an implied consent law. This means that as soon as you drive, you are implying that you've given your consent to police to test your blood alcohol content levels if they put you under arrest for reasonable suspicion of driving while under the influence.

What does Florida’s implied consent law mean?

Florida drivers may not be aware of it, but every time you get on the road, you have automatically given police consent to take a urine, blood or breath test if they arrest you for a DUI. This is called Florida’s implied consent law, and it impacts all drivers.

Can authorities test my blood alcohol level if I am unconscious?

If you are accused of driving under the influence, your life may change in various ways. Aside from time behind bars and costly fines, having a DUI on your record could haunt you for years to come. The drunk driving laws in Fort Myers, and other parts of Florida, may be different in comparison to other states. As a result, it is crucial to find answers to any questions you have, such as whether or not law enforcement officials can measure your BAC level while you are unconscious.

What does implied consent mean?

When it comes to drunk driving, the laws vary from one state to another. If you live in Fort Myers, it is very important to recognize where Florida stands on certain matters and understand key terms, such as implied consent. If you refuse to submit to a breath test, you could face a wide range of consequences if you are apprehended, including the suspension of your license and even prison time, depending on the circumstances.

Breath test refusal and license reinstatement

According to the Florida Legislature, when drivers refuse to submit a breath test after being pulled over in the state, their driver's license is suspended. In Fort Myers, and elsewhere in the state, driving privileges are suspended for one year for those who refuse a breath test for the first time and as many as 18 months for those who have already had their license suspended because they refused a breath test in the past, which can make life very challenging.

What if I refuse a breath test while in a commercial vehicle?

In a previous post, the consequences of being charged with driving a commercial vehicle while under the influence of alcohol were examined. However, if you are a commercial vehicle driver, it is important to understand all of the laws as well as the potential consequences of other offenses related to drunk driving. For example, you should be aware of the penalties you may face for refusing a breath test while driving a commercial vehicle in Fort Myers, or any other city across the state of Florida.

Breath test refusal could lead to criminal charges in Florida

When drivers are pulled over and accused of driving under the influence of alcohol, they may feel incredibly overwhelmed and be unsure of their rights. To make things even more complicated, laws related to drunk driving change from time to time. In Fort Myers, and across Florida, drunk driving charges can make life very difficult for those facing allegations, leading to job loss, the suspension of a driver's license, prison time and costly fines, among other consequences.

Medications and conditions can affect a breath test

After stopping a driver for any reason, an officer may be able to request that the person submit to a breath test if the consumption of alcohol is suspected. Florida drivers who must take these tests should be aware that there are some conditions or prescription medications that may negatively interfere with the accuracy of such a test. This also holds true for any breath tests taken by a handheld ignition interlock device. Drivers convicted of drunk driving offenses may be required to use these devices in their vehicles.

Do breath tests really measure the alcohol in your system?

If you are pulled over in Fort Myers, the officer may ask you to take a breath test if it is suspected that you have been drinking. However, before you take that test, you should know that the breath test doesn’t really measure alcohol that is in your system.

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