What happens if you refuse a Breathalyzer test

On Behalf of | Aug 19, 2020 | Uncategorized |

Each time that you drive while impaired in Florida, you’re risking getting pulled over by a police officer. If you are stopped, you could be asked to take a blood, urine or Breathalyzer test. While you don’t have to voluntarily comply with a request to do so, you could still be subject to criminal or civil penalties.

You can still be taken into custody

Generally speaking, an officer only needs to have reason to think that you were driving while impaired to take you into custody. Therefore, you could be sent to jail even without waiting for the results of blood or Breathalyzer tests. In some cases, you could have your license suspended for refusing to take a field sobriety or Breathalyzer test even if you are acquitted of a drunk or impaired driving charge. It is worth noting that you could face enhanced penalties if convicted of a DUI after refusing to consent to a sobriety test.

Other evidence can be used to convict you

A judge or jury can consider various lines of evidence when determining whether you are guilty of driving while intoxicated by drugs or alcohol. Typically, the fact that you refused to take a DUI test is considered to be evidence of your guilt. Furthermore, the officer who took you into custody will take notes during the traffic stop that will likely be entered into evidence.

For instance, the police officer may note that your speech was slurred or that your eyes were bloodshot. Footage from the camera mounted inside a police officer’s vehicle may show that you were having trouble staying upright or were otherwise showing signs of impairment.

If you have been charged with DUI, it may be a good idea to consult with a criminal law attorney. A lawyer may help you obtain a favorable plea agreement or have a case dismissed entirely. This may allow you to avoid jail time, a fine, or a license suspension or revocation.