In exchange for the privilege of driving within the State of Florida, one impliedly consents to comply with lawful requests by law enforcement to submit to blood/breath alcohol tests. The decision whether to perform or refuse to perform can be complicated and will depend on a several circumstances and factors. The best way to avoid these tests altogether is to avoid getting behind the wheel of a vehicle after drinking alcoholic beverages. However, if you find yourself in this position there are several things you should know.
First, refusing to perform the tests will lead to a 12 month suspension for a first time refusal, and an 18 month suspension if you have refused a prior breath/blood alcohol test. If you do perform the tests, and either your blood alcohol level is determined to be greater than or equal to .08 grams of alcohol per 100 milliliters of blood, or .08 grams of alcohol per 210 liters of breath, your driver’s license will be suspended for a period of 6 months…or 12 months if this wasn’t your first suspension for unlawful breath/blood alcohol level.
For a prosecutor in a DUI case life is simpler when a defendant submits to testing and tests at .08 or greater. Refusing to submit to testing certainly increases your chances of attaining a favorable outcome in your DUI case, however positive tests alone are not the only way for a prosecutor to get a conviction. Facts such as physical appearance, slurred speech, odor of alcohol, abnormal driving behavior and poor performance on field sobriety tests can also be used by the State to prove you were under the influence of alcohol to the extent your normal faculties were impaired. If you are found driving in a dangerously erratic manner and you fall out of your vehicle as the officer approaches, refusing to take the breathalyzer probably will not save you.
There is no one correct answer concerning whether to take the tests. If you know you have not been drinking, or have consumed a very small amount of alcohol, it may be wise to submit to the testing to avoid having your driver’s license suspended for an extended period of time. However, if you believe there is any chance of failing the tests should you perform, it may be in your best interest to avoid building the prosecution’s case for them and refuse to test. Each scenario is different and will require a unique, case-by-case analysis of the circumstances to make an appropriate decision, however if you know you have consumed a significant amount of alcohol it may be wise to refuse to make any statements, refuse all field sobriety testing, and refuse to submit to breath or blood alcohol tests.
