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Breath Test Refusal Archives

Do you have the right to refuse a breath test in Florida?

Every day, law enforcement officers throughout the state of Florida stop drivers on suspicion of drunk driving. Like many who find themselves in this situation, you may be unsure of your rights when it comes to breath tests. It may be important for you to understand whether you have the right to refuse a breath test, and the potential penalties you could face based on the state’s implied consent law. This may help you to protect yourself from unwarranted arrests and unnecessary consequences.

Questioning the reliability of breath tests in Florida

In Florida, and throughout the U.S., law enforcement officers commonly use breath-alcohol analysis to test for blood alcohol in suspected DUI cases. While the results of these tests may be used as grounds for arrests and as evidence at trial, they may not be accurate. According to the National Motorists Association, studies have shown that there is a 50 percent error margin between the blood-alcohol content levels reported by breath tests and drivers’ actual BAC levels.

Multitasking mother refuses breath test

In Florida, there are many laws in place that are designed to prevent drivers from getting behind the wheel after they have had a drink. There are also laws in place to keep drivers from being able to avoid detection if they do drink and drive, such as penalties for refusing to take a breath test.

Understanding Florida's implied consent law

Most people in Fort Myers are aware that law enforcement often uses breath and blood tests to determine suspected drunk drivers’ blood alcohol levels. However, there are a number of misconceptions about motorists’ rights with regards to these tests. Understanding Florida’s implied consent law may have a significant impact on the types of penalties people could face if convicted of driving under the influence.

What can happen if you refuse a breath test?

Getting pulled over after drinking and driving can be a scary experience. However, if a person is pulled over and asked to take a breath test, it would be in their best interest to submit one. This is because there are a number of laws in place that make refusal to take a breath test worse than taking one and being shown to be over the legal alcohol limit.

Man charged with multiple offenses after causing car crash

Car crashes in can often result in more than one criminal charge, as related offenses can quickly build upon one another. A DUI arrest, for example, may be accompanied by charges relating to a blood or breath test refusal if law enforcement officers believe an arrestee is behaving uncooperatively. The penalties that come with multiple convictions are very serious, and Fort Myers residents who are facing such situations should not take them lightly.

What does Florida’s implied consent law entail?

According to the Florida State Legislature, any person in Florida who operates a vehicle in the state automatically agrees to submit to a chemical test if they are suspected of drunk driving for the purpose of determining their blood alcohol content level. If a person refuses to submit to a blood, breath or urine test at the scene of a DUI arrest, this action is considered evidence in any further criminal proceedings.

Strong evidence leads to reduction in Florida woman's DUI charge

People are pulled over every day on suspicion of driving under the influence. Typically, law enforcement will ask if the driver will take any number of sobriety tests. It is in that person’s right to consider breath test refusal. Floridians who are arrested on charges of DUI and wish to pursue their case may effectively do so with the right legal help.

Bikers can face DUI charges in Florida, man riding drunk arrested

A recent news story in Florida newspapers probably left many of our readers in Fort Myers and Cape Coral wondering, “Is it really against the law to ride a bicycle while intoxicated?” The answer to that question varies from state to state, but Florida courts have interpreted drunken driving laws and defined a “vehicle” as motorized or human-powered. Generally speaking, those who ride bicycles while intoxicated can be subjected to the same serious consequences that those who drive a car or motorcycle are.

Port St. Lucie deputy involved in alleged DUI accident

An arrest for driving under the influence of alcohol is a serious offense that can carry such penalties as incarceration, license suspension, heavy fines, and mandated alcohol abuse counseling if one is convicted. Beyond the legal ramifications, however, are the affects that a DUI arrest can have on one's job, personal life and his or her reputation in the local community.

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