Refusing Breath or Blood Tests

Refusing Breath/Blood/Urine

Most people are not aware of the fact that merely by driving a vehicle on Florida’s roads, if arrested, you’ve implicitly consented to give a sample of your breath, blood, or urine upon request. As a leading DUI attorney in Miami, I have been on the cutting edge of challenging the constitutionality of Florida’s so-called “Implied Consent” laws, but for the time being, that’s the law. What that means is that you can bet you will be asked by police for at least a breath sample. But if they already have your consent, you may be wondering why they are even asking. Basically, it’s a trap.

If you provide a breath sample and it registers above the limit in the Intoxilyzer 8000, you can kiss your driver’s license goodbye for a while, and you can bet that defending your DUI case just got incredibly more difficult. So there’s really never a reason to provide a breath sample. After all, how do you really know that you’ll register below the limit? Nobody, and I mean nobody (not even the police officer asking for the breath) can accurately predict the results of a breath test. Guess what? Even if you have ZERO alcohol in your system, and a breath test shows that, the police officer will most assuredly, all of a sudden (and out of nowhere), develop “reasonable suspicion” to believe that you might be intoxicated by drugs or controlled substances other than alcohol. What follows are more evaluations and, of course, a request for urine or blood.

Should I take a breathalyzer test?

The simple truth that almost always applies, at least in my view, is that someone arrested for DUI should never provide a breath, blood, or urine sample. Just refuse to provide one. This will prevent you from giving the prosecution scientific evidence proving your guilt; prevent you from subjecting yourself to horrific intrusions into your body; and end the process quickly. Face facts: by the time they’re asking for your breath, blood, or urine, you’re ALREADY under arrest for DUI. Think they’ll let you go after they get the evidence they want? Not likely.

But refusing also comes with it’s own consequences. For example, it guarantees a longer license suspension and, if it is your second refusal in your lifetime, you could be charged with a separate misdemeanor crime: “second or subsequent refusal.” I have been raising constitutional challenges to these charges too.

The prospect of refusing a breathalyzer test can be very intimidating. The officer will emphasize the consequences of refusal and chide you for being “uncooperative.” But remember: no one is required to provide evidence against themselves. They may even tell you that if you are under the limit, you’ll be free to go. But remember: You are already under arrest for DUI if you’re being asked for a breath sample. The test results are simply one more potential piece of evidence against you.

“Refusal cases” are just better to defend. It’s that simple. There’s no secret here. It’s easy to explain why someone would refuse. On the other hand, it’s a huge challenge to explain why a breath reading over the limit isn’t accurate or shouldn’t be relied on by the jury.

If you are arrested for DUI, call me, Jordan Redavid, right away. I have extensive experience with DUI cases and a reputation for dismissals and acquittals.

We answer calls and emails 24/7. Call Jordan Redavid now at 305-938-9939, or email me below.

Additional Services

I handle all varieties of criminal defense, DUI, civil rights and personal injury cases.


In criminal defense, results matter most. I am able to handle a wide variety of criminal matters successfully, including:

  • Traffic Offenses
  • Juvenile
  • Theft
  • Criminal Records
  • Conspiracy
  • DUI
  • Obstruction of Justice
  • Drug Charges
  • Weapons Charges
  • Fraud & White Collar
  • Violent Crimes
  • Appeals
  • Sex Offenses


I began my career as Miami DUI attorney, and have valuable experience protecting individuals facing a DUI charge.

  • DUI Defense Options
  • DUI Penalties
  • Refusing Breath/Blood/Urine
  • Field Sobriety Exercises
  • Intoxilyzer 8000
  • Back on Track (BOT)
  • Boating Under the Influence


My goal is to get involved as early as possible to do everything I can to help you or your loved one.

  • Cultivating/Manufacturing
  • Possession
  • Paraphernalia
  • Sale/Trafficking
  • FL v. Federal
  • Medical Marijuana in Florida


These crimes usually involve a variety of state and federal laws, and they demand the attention to detail I will give them.

  • Accounting Fraud
  • Extortion
  • Bank Fraud
  • Government Fraud
  • Bribery
  • Medicare/Medicaid & Healthcare Fraud
  • Counterfeiting & Forgery
  • Credit Card Fraud
  • Import/Export
  • Embezzlement
  • Breach of Contract
  • Insider Trading
  • Investment Fraud
  • Internet Crimes
  • Mail & Wire Fraud
  • Money Laundering
  • Mortgage Fraud
  • Racketeering


Our rights serve as the bedrock of our democratic society. That’s why when those rights are violated, the violators need to be brought to justice.

  • Civil Rights
  • Civil action for deprivation of rights (42 U.S.C. § 1983)
  • Malicious Prosecution
  • Breach of Contract


The key to success in such cases is not limited to what occured; it is also tied to how you and your lawyer respond.

  • Auto Accidents
  • Negligent Security
  • Slip and Fall
  • Dog Bites
  • Product Liability
  • Medical Malpractice
  • Wrongful death

For help right away, or a free initial consultation, email any time of the day or night, or call 305-938-9939. I answer calls and email 24/7.