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. So, 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.
This implied consent rule says if a person refuses to take a breathalyzer test, he or she is subject to receive harsh penalties such as a suspension of license and monetary fines. Therefore, while someone can refuse to blow, it doesn’t mean they should refuse to blow. In fact, in some cases, refusing to blow can be worse than just taking the breathalyzer 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 now for a free consultation for your case!