A recent report says that out that four out of every ten drivers that are stopped for suspected DUI in Florida refuse to take a breath analyzer test. Many drivers may think that it is better to refuse this test so that evidence cannot be used against them. Other people refuse to take the test because they do not know their legal rights. While refusing to take a breath analyzer test may lead to some serious consequences, this maybe the best approach in some situations.

What If I Refuse? What Are the Consequences?

If you are a driver in the state of Florida, you may probably have read in your driver's license the statement that says an operator of a motor vehicle constitutes consent to any sobriety test required by law. A driver in Florida who refuses to take a breathalyzer test may lose his right to legally drive. The penalties are the following: 12-month suspension of license for the first offense and 18-month suspension for the second or third offense. In addition, refusal to take the test may imply guilt on the part of the suspect if he stands before the jury later.

Breathalyzers and the Law

The Florida Supreme Court created a ruling in June 2011 that a driver's license of a person could not be suspended due to refusal to take the test if the DUI arrest was unlawful. This implies that if a person was stopped when there is no probable cause or reasonable suspicion to stop that person, the driver's refusal to take the breath analyzer test cannot be used against him to revoke his driving privileges.

When to Refuse to Take a Breathalyzer Test

A breath analyzer test can be used as evidence against a person to convict him or her of a DUI offense. This test however is not always 100 percent correct. There are cases when machines used during the test provide inaccurate results. The machine may not be calibrated properly or the person administering the test may not have the skill or training to do so. There are also instances when there may be false positive based on something the driver ingested or drank.
It is important that you talk to a Florida DUI attorney as soon as you can.

A DUI lawyer can provide you with legal advice if you decide not to take a breath analyzer test and can explain your refusal to the jury. A lawyer can also help you get a Business Purposes License in case your license is temporarily suspended. Consulting a DUI lawyer can help you evaluate whether your refusal to breathalyzer test is the best course of action.