DUI Breath Test Refusal Attorney in West Palm Beach, FL, Defending Against Refusal Charges in Palm Beach County, Broward County, Martin County, and Throughout South Florida
When a driver gets arrested for DUI and transported to the police station, officers will likely ask the driver to submit to a breath test to measure the driver’s breath alcohol level to determine if the driver has violated the DUI statute. What happens when a driver refuses an officer’s request to take a breath test at the police station? Although the law imposes administrative penalties for a breathalyzer test refusal, motorists have legal options for challenging the consequences of a refusal and defending themselves against DUI charges.
After refusing a breath test following a DUI stop or arrest, get the legal advocacy you need to defend your reputation and future. Contact BD Law today for an initial case review to learn how West Palm Beach breathalyzer test refusal lawyer Brandon Dinetz can fight for your interests.
Understanding Florida’s Implied Consent Law
Under Florida law, a driver who chooses to operate a motor vehicle on a public way is deemed to have accepted the privilege of driving a vehicle and, by accepting that privilege, consented to submit to a chemical test of their blood, breath, or urine following a lawful arrest for driving under the influence. The police may ask a suspect to submit to a chemical test following a DUI arrest if the officer has reasonable cause to believe the suspect drove or exercised actual physical control over a motor vehicle while intoxicated.
When police request a suspect’s cooperation with chemical testing, they must read the implied consent warnings to the suspect. The warnings advise the suspect that failure to submit to lawful breath testing will result in the suspension of their driving privileges in Florida, in addition to any other penalties for DUI or other offenses. However, suspects retain the right to refuse chemical testing and cannot be forced to provide a breath, blood, or urine sample against their will.
Facing DUI Charges? BD Law Can Help.
Speak With Our Top-Rated
DUI Defense Attorney
Consequences of Refusing a Breathalyzer Test
Under the implied consent law, a driver will face administrative penalties for refusing a police officer’s lawful request for a chemical test after a DUI arrest. A driver who refuses a breath test may have their driver’s license suspended for one year, regardless of the outcome of any DUI charges. However, drivers who have previously had their license suspended or received a fine for refusal of a chemical test will receive an 18-month suspension of their driving privileges. Furthermore, the law expressly states that a driver’s refusal to submit to chemical testing upon a police officer’s lawful request can be used as evidence in a related criminal proceeding. Thus, in a DUI case, the prosecution can use the driver’s refusal of a breath test to explain the lack of chemical test results to prove the driver’s intoxication.
Defending Against DUI Charges After You’ve Refused a Breathalyzer
After refusing a breath test following a DUI arrest, you may pursue various defenses against a DUI charge, such as challenging the legality of the police’s traffic stop, the reliability of the arresting officer’s testimony, or the results of field sobriety tests. Furthermore, a driver may challenge the suspension of their driver’s license for a breath test refusal by raising defense claims such as:
- The officer did not ask the driver to submit to a breath test
- The officer did not advise the driver of the consequences of a refusal to submit to breath testing
- The officer did not give the driver an adequate opportunity to consent to a test
- The driver did not refuse a test through their actions or silence
Contact a West Palm Beach Breathalyzer Test Refusal Lawyer from BD Law to Discuss Your Rights and Options
When you refuse to submit to a breathalyzer test during a traffic stop or after a DUI arrest, you need experienced legal representation to help you protect your rights and interests. Contact BD Law today for a confidential consultation with a knowledgeable DUI breath test refusal attorney in West Palm Beach, FL, to learn more about your legal options.