There are many downsides to refusing a breathalyzer test in Florida. First of all, this test isn’t the only piece of evidence that can be used against you.
Many people who are pulled over for DUIs in Florida may not even be aware that refusing a breathalyzer test is an option. When a police officer asks you to do something, most people acquiesce without really thinking about it. Even though they might phrase it as a request, the assumption is that they are ordering you to take the test. But is refusing the test really a smart move from a legal perspective? What happens if you refuse a breathalyzer test in Fort Lauderdale, and is this actually a beneficial move?
If you are facing DUI charges, it makes sense to get in touch with a qualified, experienced DUI attorney in Florida. These legal professionals can guide you towards a positive legal outcome in a confident manner. Whether you have refused the breathalyzer test or not, your lawyer can help you fight for your rights and mitigate any potential legal consequences.
The Pros of Refusing a Breathalyzer
If you want to truly determine whether or not this is a smart move, you need to weigh the pros and cons. Let’s start with the benefits of this decision. First and foremost, you’re taking away a key piece of evidence that might be used in your conviction. Because the breathalyzer provides concrete readings of your BAC, prosecutors rely heavily on these tests. You can also face harsher penalties if you have a BAC higher than .08.
In addition, it might be beneficial to refuse the breathalyzer test if you know that the officer in question had no probable cause to pull you over in the first place. Even if the breathalyzer test was conducted, it would be considered inadmissible evidence if the officer lacked probable cause. Therefore, your refusal to take the test becomes a moot point. However, you must be very sure that the officer lacked probable cause before you refuse a breathalyzer test for this reason.
The Downsides of Refusing a Breathalyzer
There are many downsides to refusing a breathalyzer test in Florida. First of all, this test isn’t the only piece of evidence that can be used against you. Your intoxication can be proven by a range of other factors, such as your performance in roadside sobriety tests, erratic driving, slurred speech, and so on. In addition, refusing a breathalyzer test results in the immediate suspension of your driver’s license for a period of one year. In addition, the penalties for a first-time DUI are actually quite minor, especially if you enlist the help of a qualified attorney who can help you qualify for the diversion program.
Enlist the Help of a Qualified Attorney Today
If you’ve been searching the Fort Lauderdale area for a qualified, experienced DUI attorney, look no further than Michael D. Weinstein, P.A. We have considerable experience with DUI cases, including situations involving refused breathalyzer tests. Weighing the pros and cons of this action can be insightful, but you need to take action if you’re facing criminal charges. Book your consultation today, and we can fight for your rights in an effective manner.