Refusing Breath or Blood Tests
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.
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