You’re stopped by a cop because he said you were swerving down the road. You’re worried about the stop because you drank a couple of beers before you got in your car, so you’re not sure if you’re actually under the legal limit. The cop asks you to take a breathalyzer test, and now you’re wondering if you can legally refuse the test. Can you refuse to blow during a Florida DUI stop?
In Florida, driving laws state that by owning a state driver’s license, you give implied consent to take an approved breathalyzer test when asked. Therefore, simply by owning a driver’s license in Florida, you give your consent to take a breathalyzer test. However, just because implied consent exists, it doesn’t mean you literally have to blow.
Under Florida's implied consent law, if a person refuses to take a breathalyzer test, he or she is subject to a mandatory license suspension. A first offense refusal will be a one-year license suspension and a second or third offense will result in 18 months of license suspension with possible jail time.
While someone can refuse, it doesn’t mean they should refuse the breathalyzer. In fact, in some cases, refusing to blow can be worse than just taking the breathalyzer test.
Ineligibility for Florida's Diversion Program
If you refuse the breathalyzer test, you will be ineligible for Florida's Diversion Program. This program may result in a lighter sentence than what you may receive after refusing a chemical test.
If you or a loved one take a breathalyzer test and blow over the legal limit, you should contact an experienced criminal defense attorney as soon as possible. Having a DUI lawyer on your side can help you fight your case, which could result in better outcomes than refusing to blow!
Contact our office at (904) 474-3115 for a free consultation for your case!